Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 27

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          (penalty equal to five times the interest not paid).  We assume             
          that the daughters could have avoided that penalty by making good           
          on Parker's default.  The exposure of the $2 million notes under            
          the related agreement goes to the value of the notes, not to                
          their ownership.  In any event, the daughters received                      
          substantial compensation for the $2 million notes.  Also, we have           
          found that Parker's gift to the daughters was made in 1980, not             
          in 1985.                                                                    
                    d.  Credibility                                                   
               We have found that Parker made gifts to the daughters in               
          1980 based on our analysis of those elements (intent, delivery,             
          and acceptance) necessary to establish a gift under the law of              
          Texas.  Necessarily, we have rejected the daughters' proposed               
          finding that Parker made no gifts to them until 1985, after he              
          received the proceeds of the $2 million notes.  In finding gifts            
          in 1980, and not thereafter, we have taken into account the                 
          testimony of Parker, the daughters, and others.  We found Parker            
          to be a credible witness.  His testimony was straightforward and            
          consistent with other evidence.  We have given great weight to              
          his testimony.  We did not find the daughters to be credible                
          witnesses.  Teresa did not offer oral testimony, but her                    
          testimony was offered by deposition and affidavit.  She also                
          answered interrogatories.  There are significant inconsistencies            
          between (1) her testimony and her answers to interrogatories and            
          (2) other evidence in this case.  We believe that, in various               

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