Eric B. Benson, et al. - Page 64

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          contemplated that the parties would enter into a lease on the               
          Stanford plant for 8 years for “$5,000 (or $5,500 per month)”.  A           
          commercial lease for this property was prepared but never                   
          executed.  According to this unexecuted document, for a period of           
          8 years commencing March 1988, ERG was to pay NPI $5,000 per                
          month for the use of the Stanford plant.                                    
               For 1988 and 1989, ERG paid NPI $5,159 per month for the use           
          of the Stanford plant.  This monthly amount paid remained                   
          unchanged until August 15, 1990, when ERG paid NPI $26,159 that             
          month.  For the last 4 months of 1990 the monthly amounts paid              
          were $8,159, $8,159, $14,159, and $8,159, respectively.  In 1993            
          and 1994, ERG paid NPI $9,380 and $10,787 per month,                        
          respectively.                                                               
               Respondent determined that part of the money, $40,067,                 
          $46,560, and $63,444, ERG paid to NPI as rent for the Stanford              
          plant in 1990, 1993, and 1994, respectively, constituted                    
          constructive dividends to the Bensons.56  Thus, it appears that             
          respondent is arguing that the amount of rent paid in excess of             
          $5,500 per month constitutes constructive dividends.                        
               The maximum monthly lease amount listed in the unbundling              
          agreement apparently reflected the product of an arm’s-length               





               56See supra p. 5, table, note 2.                                       





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