Westchester Plastic Surgical Associates, P.C. - Page 30




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          benefit of the employees, but for the immediate as opposed to the           
          retirement benefit of Morrissey.  The Defined Benefit Plan was              
          used as a personal bank account by Morrissey for loans that were            
          made without regard to risk or prior repayment history.  These              
          facts support respondent's disqualification of the Defined                  
          Benefit Plan.                                                               
               Also, and perhaps more important, our decision is based on a           
          determination that the entire investment philosophy of the                  
          Defined Benefit Plan was aimed not at providing benefits for the            
          employees but at making capital available to Morrissey.  The                
          manipulation of pension plan assets by a trustee who is also the            
          sole shareholder of the plan sponsor is a clear example of an               
          exclusive benefit rule violation.  See Ada Orthopedic, Inc. v.              
          Commissioner, T.C. Memo. 1994-606.                                          
               In the instant case, we find the indifference toward the               
          continued well-being of the plan that we found in Winger's                  
          Depart. Store, Inc. v. Commissioner, 82 T.C. 869 (1984), and Ada            
          Orthopedic, Inc. v. Commissioner, supra.  Under the circumstances           
          of this case, we hold that, because petitioner's Defined Benefit            
          Plan did not operate for the exclusive benefit of employees for             
          the plan years ending October 31, 1990, and thereafter, it failed           
          to be qualified during those years under section 401(a) and hence           
          failed to satisfy the requirements of section 501(a) tax                    







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