- 26 - believe that Bradish carried out what he testified were his instructions from Parker: “My instructions were to take title to the property, for the girls, and Parker was not to get his hands on their money as it came down the pike. That was what the instructions were to me.” b. Management Agreement The management agreement gave Parker certain rights with respect to the $2 million notes. The daughters argue that the management agreement indicates that Parker had dominion and control over the $2 million notes and, thus, had never completed a gift to the daughters. We disagree. In fact, the management agreement signifies to us that Parker had not retained dominion and control over the $2 million notes. If he had, he would not have needed the management agreement. We accept Parker's explanation that the management agreement resulted from his divorce from Betty and from his concern that the daughters would be persuaded to sell the notes for inadequate consideration. c. Related Agreement The related agreement put the $2 million notes at risk for Parker's interest obligation under that agreement. The daughters argue that such risk shows that Parker controlled the $2 million notes. We disagree. Clearly, the daughters bore some risk of Parker's default. Theoretically, Parker's default could have eliminated all of their equity in the $2 million notes, because the related agreement contained a five-fold penalty clausePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011