Jerry and Patricia A. Dixon, et al - Page 192




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          and large attributable to Mr. Kersting's lack of candor as                  
          demonstrated by both inherent contradictions and inconsistencies            
          with the written record.  We are convinced that Mr. Alexander's             
          testimony was not material to Judge Goffe's findings respecting             
          Mr. Kersting's lack of credibility.                                         
               Like Mr. Thompson, Mr. Alexander testified that Mr. Kersting           
          had represented to him that stock subscription plan promissory              
          notes would not be enforced and would be returned or destroyed              
          upon the termination of the plan.  Although Judge Goffe concluded           
          that there was a pervasive stock surrender policy in the Kersting           
          programs, we note that Judge Goffe did not list Mr. Alexander's             
          testimony among the nine items listed in support of his                     
          conclusion on the point.  In any event, assuming that Judge Goffe           
          took Mr. Alexander's testimony into account, we are satisfied               
          that Mr. Alexander's testimony was not material to Judge Goffe's            
          holdings that there was a pervasive stock surrender policy within           
          the Kersting programs or that Kersting promissory notes did not             
          constitute genuine debt.  As previously discussed in our analysis           
          of the lack of materiality of Mr. Thompson's testimony on this              
          same subject, Judge Goffe relied upon a long list of items in               
          support of these holdings.  Considering all the evidence in                 
          support of Judge Goffe's holdings, we are convinced that Judge              
          Goffe would have reached the same conclusions without Mr.                   
          Alexander's testimony on the subject.  Moreover, even assuming              
          for the sake of argument that Mr. Alexander's testimony was                 
          material to Judge Goffe's holding respecting a pervasive stock              

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