Eric B. Benson, et al. - Page 9

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          utilized the cash method of accounting for tax purposes and was             
          an S corporation.                                                           
               The Benson family’s percentage of ownership in NPI was                 
          listed on its tax returns for the individuals, for the years, and           
          in the amounts as stated:                                                   
                                        Year of NPI Return                            
          Individuals         1988  1989  1990  1991  1992  1993  1994                
          Burton              66.7  66.7  66.7  66.7  50.0  66.7  50.0                
          Esther              33.3  33.3  33.3  33.3  50.0   –-    –-                 
          Eric                –-    –-    –-    –-     --   11.1  16.7                
          Brad                –-    –-    –-    –-    –-   11.1  16.7                 
          Mark                –-    –-    –-    –-    –-   11.1  16.7                 
               Throughout the years at issue, there was no written                    
          agreement between ERG and NPI relating to engineering, design, or           
          management services, NPI did not treat anyone as an employee, and           
          no Form 941, Federal Payroll Tax Returns, was filed or Form 1099            
          was issued.  During this same period, NPI maintained a money                
          market account with Merrill Lynch Pierce, Fenner & Smith, Inc.,             
          account No. 280-07017-8 (NPI’s bank account).                               
               During the years at issue, NPI owned three parcels of real             
          property located in Oakland, California:  (1) 952 57th Street               
          (Lowell plant); (2) 900-960-962-964 Stanford Avenue (Stanford               
          plant); and (3) vacant land adjacent to 900 Stanford Avenue                 
          fronting on Lowell Street.  Before and after July 1, 1987, ERG              
          conducted its foam metal manufacturing operations from the                  
          Stanford Plant.                                                             







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