- 64 - 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.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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