- 5 - value of the property at a minimal labor cost. Stephanie and David told petitioner that David would make approximately 80 percent of the improvements in exchange for $1,000 per month. Petitioner concluded that the loan to Stephanie and David would give the plan an opportunity to earn a 12-1/2 percent return. Petitioner agreed to lend Stephanie and David funds from his profit-sharing plan for part of the purchase price and all the subsequent improvements to the Atascadero property. In January 1990, petitioner, as the plan’s fiduciary, made the first in a series of 33 loans totaling $160,701 to Stephanie and David from his profit-sharing plan. The purpose of the loans was to make the downpayment on residential property in Atascadero, California, and postacquisition improvements. The loans were made over an 18-month period beginning in January 1990 and ending in August 1991. The amounts of the loans varied from $500 to $23,000. Petitioner believed that his only recourse in the event of default would be to the Atascadero property. On February 14, 1990, Stephanie and David purchased a single-family residence in Atascadero, California, for $225,000, with Stephanie acquiring an 80-percent interest and David a 20- percent interest. The residence had two bedrooms, three bathrooms, and was situated on 3.3 acres of land. Stephanie and David financed the purchase of the Atascadero property by obtaining a $180,000 loan from the Great Western Bank (the GreatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011