S. Robert Davis - Page 30




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          nieces and nephews would be able to attend the MBC's school                 
          tuition free.  Furthermore, respondent contends that any                    
          testimony to the contrary by Mr. Davis, Mr. Eddy, and Pastor                
          Brock is not credible.  We disagree.                                        
               We found as a fact that the tuition waiver was Pastor                  
          Brock's idea.  Mr. Davis did not make the tuition waiver a                  
          condition to the donation of the Brown Road property to the MBC.            
          Mr. Davis never asked for a tuition waiver or implied that one              
          should be given to his relatives.  This is corroborated by the              
          testimony of Pastor Brock, Mr. Eddy, and Mr. Davis, and we find             
          them to be credible witnesses.  We conclude that the gift of the            
          Brown Road property to the MBC was not part of a barter                     
          transaction.                                                                
               E.   220 Acres                                                         
               To establish fraud, respondent also argues that Mr. Garrison           
          created two false comparable sales and used them in the 1985                
          appraisal.                                                                  
               Two of the three comparable sales used in the 1985 appraisal           
          never occurred.  However, contrary to respondent's assertion, Mr.           
          Garrison's use of the nonexistent sales was an innocent (or                 
          negligent) mistake, and Mr. Garrison first learned of the mistake           
          many years after he prepared the 1985 appraisal.  Neither Mr.               
          Davis nor his employees provided these comparable sales to Mr.              
          Garrison.  Furthermore, Mr. Davis had no knowledge of the                   





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