In Re the Marriage of Moffatt

279 N.W.2d 15, 1979 Iowa Sup. LEXIS 923
CourtSupreme Court of Iowa
DecidedMay 30, 1979
Docket62017
StatusPublished
Cited by50 cases

This text of 279 N.W.2d 15 (In Re the Marriage of Moffatt) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Moffatt, 279 N.W.2d 15, 1979 Iowa Sup. LEXIS 923 (iowa 1979).

Opinion

McCORMICK, Justice.

This is an appeal by respondent Lynn U. Moffatt, Jr., from the economic provisions of a dissolution decree. Lynn contends that the trial court overvalued his net assets and consequently made excessive property and alimony awards to petitioner Mary E. Mof-fatt. He also challenges the court’s order that he pay college expenses for four of his children and the court’s refusal to allow him credit against a temporary support delinquency for payments allegedly made in behalf of Mary and the children. Mary asks us to award attorney fees for the appeal. We modify the trial court’s decree and affirm it as modified. We also award attorney fees to Mary.

I. The valuation dispute. The trial court found the parties had net assets worth $690,849.15. The assets consist of cash, certificates of deposit, life insurance, E bonds, farm machinery, livestock, grain and stock in two close corporations. Liabilities consist of debts on various accounts, notes, encumbrances on farm machinery, and cash and grain advances from a farm corporation. Lynn contends his net assets do not exceed $74,000.

The trial court did not explain jts computation, and the basis for it does not readily appear in the record. We recognize that the trial court was provided confusing and unsatisfactory evidence from which to attempt to identify the assets and liabilities of the parties. However, we have the same problem on review and, while we sympathize with the plight of the trial court, would have been aided if the court had shown the basis of its analysis.

Most of the information regarding assets and liabilities came from Lynn. He was the only person in a position to provide much of it. Some of the data is substantiated by documentation or other testimony. Some depends entirely upon his credibility. In arriving at its valuations of assets and liabilities, the trial court found that “the financial information presented by the respondent is lacking in credibility, and in all probability the respondent, from his attitude as shown in the courtroom and as shown in his failure to answer interrogatories or produce information, has minimized and falsified his true value or net worth.”

We review the record de novo. Nevertheless we give weight to the findings of fact of the trial court, especially when credibility is involved.

Lynn’s conduct during the pendency of trial court proceedings can most charitably be described as recalcitrant. Most notably he refused to cooperate with discovery procedures through which Mary sought to obtain disclosure of his financial situation. The action had been pending for eighteen months and Lynn was on his third lawyer at the time of trial. The case was tried in installments, on December 21, 1977, January 26, 1978, and February 7, 1978, largely because of Lynn’s failure to comply with court discovery orders. It was not until the last day of trial that he produced vital information about his claimed liabilities, and much of that information was sketchy and uncorroborated.

His present counsel, who did not represent Lynn in the trial court, argues that the record shows Lynn was uncooperative but does not show he was dishonest. Counsel also asserts that the evidence was largely uncontradicted and must be accepted as true.

Lack of cooperation with discovery provides a basis for sanctions. White v. Citizens National Bank of Boone, 262 N.W.2d 812, 816 (Iowa 1978) (“We hold trial courts have inherent power to enforce our discovery rules and have discretion to impose sanctions for a litigant’s failure to obey them.”). But sanctions were not imposed in this case. Rather, the trial court found that Lynn’s attitude reflected adversely on the credibility of his testimony. We believe the court was entitled to consider Lynn’s conduct and demeanor in assessing his credibility. Among the relevant factors in deciding credibility are the frank *18 ness, or lack thereof, and the general demeanor of witnesses. Wiese v. Hoffman, 249 Iowa 416, 424, 86 N.W.2d 861, 867 (1957). The trial court’s observations were well-founded in the present case.

Furthermore, the testimony of a witness need not be believed merely because it is uncontradicted. Moser v. Brown, 249 N.W.2d 612, 616 (Iowa 1977).

The record presents three main areas of valuation dispute. They concern the worth of Lynn’s interests in the two close corporations and the extent of his liabilities to one of them.

A. Valuation of Lynn’s stock in the Moffatt Corporation. One of the corporations is Moffatt Corporation which owned 640 acres of farm land, livestock, grain, and farm equipment. This corporation was formed by Lynn’s parents in 1973 as a means of passing their farm to Lynn and his sister, Mary Margaret Freeburne. The corporation issued 200,000 shares of stock. The parents made lifetime gifts of some of it equally to Lynn and his sister. Both parents died in 1976, leaving the remaining stock to the children equally. Thus Lynn and his sister each owned 100,000 shares at the time of trial. They comprised the board of directors of the corporation.

A by-law of the corporation gave it a right of first refusal before any gift, sale or bequest of the stock to another person. In that event the corporation through its board of directors had the option for thirty days to purchase the stock at a price fixed annually by the stockholders. This provision was intended to prevent sales of the stock outside the Moffatt family. The last option price had been fixed in 1975 at $1.45 per share. From this, Lynn contends his interest in the corporation did not exceed $145,000 because that is all the corporation would have to pay him if he wished to sell his 100,000 shares.-

Mary contends the stock should be valued based upon the net worth of the corporation. She testified that the 621.6 acres actually comprising the farm were worth $1500 an acre, resulting in a value of $466,-200 for Lynn’s interest.

Although we do not have a full picture of the assets and liabilities of the corporation, the land is free of debt, and its machinery and inventory of livestock and grain are worth more than the encumbrances against them. Therefore, valuing the corporation’s net assets at the worth of the land it owns appears to be a conservative approach. Moreover, we believe Mary’s opinion concerning the land’s value is not out of line.

Lynn’s argument that the trial court was bound by the $1.45 per share figure has serious flaws. Under the terms of the bylaws the option price is to be fixed annually by agreement of the shareholders or by appraisal. No price was fixed in 1976 or 1977. Therefore the option price which would govern in 1978 had not been established.

Furthermore, Lynn’s argument assumes the corporation would exercise its option. It did not do so when the elder Moffatts made gifts of the stock to Lynn and his sister and later bequeathed the remainder to them. At that time the elder Moffatts were the directors and it is unlikely they would have disagreed as directors with what they wished to do as stockholders. The same is true in the present situation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Howe
Court of Appeals of Iowa, 2025
In re The Marriage of Bainbridge
Court of Appeals of Iowa, 2023
In re the Marriage of Christensen
Court of Appeals of Iowa, 2021
In re the Marriage of Knutson
Court of Appeals of Iowa, 2020
In re the Marriage of Dow
918 N.W.2d 503 (Court of Appeals of Iowa, 2018)
Siamak Afsoos v. Ladan Afsoos
Court of Appeals of Virginia, 2011
In Re the Marriage of Keener
728 N.W.2d 188 (Supreme Court of Iowa, 2007)
In Re the Marriage of Rhinehart
704 N.W.2d 677 (Supreme Court of Iowa, 2005)
In Re the Marriage of Decker
666 N.W.2d 175 (Court of Appeals of Iowa, 2003)
Cole v. Cole
110 S.W.3d 310 (Court of Appeals of Arkansas, 2003)
Dorothy West Harmon v. Harvey Carl Harmon
Court of Appeals of Tennessee, 2000
In Re the Marriage of Fall
593 N.W.2d 164 (Court of Appeals of Iowa, 1999)
In Re the Marriage of Dieger
584 N.W.2d 567 (Court of Appeals of Iowa, 1998)
In Re the Marriage of Clinton
579 N.W.2d 835 (Court of Appeals of Iowa, 1998)
In Re the Marriage of Meerdink
530 N.W.2d 458 (Court of Appeals of Iowa, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
279 N.W.2d 15, 1979 Iowa Sup. LEXIS 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-moffatt-iowa-1979.