Estate of Fred O. Godley, Deceased, Fred D. Godley, Administrator CTA - Page 20




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          the fact that the agreement was between a father and son,                     
          strongly suggests that there was no arm’s-length bargain for the              
          option price, but rather that the option was a testamentary                   
          device designed to pass decedent’s interest for less than                     
          adequate consideration.                                                       
               Moreover, the foregoing picture of the partners’ relative                
          contributions is based almost entirely on Fred Jr.’s self-serving             
          testimony at trial.7  In contrast to Fred Jr.’s efforts to                    
          portray the options in the instant proceeding as the product of               
          an arm’s-length bargain, in their sworn testimony in the                      
          equitable distribution proceedings, Fred Jr. and decedent both                
          characterized the options as “gifts”, suggesting that both                    
          thought it was decedent who was giving something of value to Fred             
          Jr., not the other way around.  We note also that decedent’s                  
          second wife provided detailed, credible testimony concerning                  
          decedent’s frequent trips (on which she accompanied him) to                   
          inspect each partnership property and attend to problems thereby              
          discovered; that decedent had an entire career’s worth of                     

               7  Petitioner also called as a witness a HUD official who                
          corroborated Fred Jr.’s assertion that he was primarily                       
          responsible for the partnership’s dealings with HUD.  However, we             
          note that, in contrast to Fred Jr.’s emphasis in his testimony at             
          trial in this case that the idea of developing HUD-assisted                   
          housing projects was entirely his own, when asked under oath 6                
          years earlier in connection with the equitable distribution                   
          proceedings whose idea it had been, Fred Jr. testified that he                
          could not recall.  The subsequent improvement in Fred Jr.’s                   
          recollection on this point in the instant proceeding--in a manner             
          which serves his financial interests--casts doubt on the                      
          credibility of his other testimony in this proceeding.                        




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