- 256 - respondent's deficiency determinations or to air his grievances against Mr. Kersting and possibly achieve some advantage against Mr. Kersting's threats to collect on Mr. Thompson's promissory notes. Our review of Mr. Thompson's testimony at the trial of test cases, which testimony was both favorable and detrimental to the cause of the test case petitioners, suggests that Mr. Thompson may have viewed the trial of the test cases as an opportunity to attempt to attain both objectives. On the one hand, Mr. Thompson sought to prove that, because of his prior involvement in the First Savings acquisition, he had a legitimate business purpose; i.e., a profit motive, for participating in Mr. Kersting's programs. On the other hand, Mr. Thompson was the only test case petitioner to testify that Mr. Kersting had orally assured him that promissory notes would not be enforced. Despite Mr. Thompson's apparently conflicting objectives, we are convinced that Mr. Thompson's testimony at the trial of the test cases was truthful. Although Mr. Thompson testified that Mr. Kersting had assured him that promissory notes would not be enforced, Mr. Thompson's testimony merely corroborated Mr. Kersting's written assurances or comfort letters to so-called "nervous Nellies". Moreover, in a March 1986 letter, Mr. Kersting had confirmed to Mr. Thompson that his promissory notes would be canceled if Mr. Thompson would surrender all relevant stock certificates to Mr. Kersting. It appears that Mr. Kersting later reneged on this confirmation by requiring that Mr. ThompsonPage: Previous 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 Next
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