Simpson v. Goodman

727 So. 2d 555, 1999 WL 4105
CourtLouisiana Court of Appeal
DecidedDecember 28, 1998
Docket97 CA 2675
StatusPublished
Cited by7 cases

This text of 727 So. 2d 555 (Simpson v. Goodman) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simpson v. Goodman, 727 So. 2d 555, 1999 WL 4105 (La. Ct. App. 1998).

Opinion

727 So.2d 555 (1998)

Claudette C. SIMPSON
v.
Shari Simpson GOODMAN and Karl Goodman

No. 97 CA 2675.

Court of Appeal of Louisiana, First Circuit.

December 28, 1998.

*557 Jean-Paul Layrisson, New Orleans, for Plaintiff/Appellee, Claudette C. Simpson.

David J. L'Hoste, New Orleans, for Defendants/Appellants, Shari Simpson Goodman and Karl Goodman.

Before: SHORTESS, C.J., CARTER, and WHIPPLE, JJ.

CARTER, J.

Plaintiff, Claudette Simpson was involved in an automobile accident in Colorado in early April 1985. Her husband, Dr. John Simpson, and one of their six daughters were killed in the accident. Mrs. Simpson sustained numerous broken bones and a severe head injury in the accident. She remained unconscious in a Colorado hospital for several weeks. In late April 1985, Mrs. Simpson was transferred to East Jefferson Hospital in Metairie. She spent three to four more weeks in East Jefferson Hospital before being released in May.

After the accident, it was discovered that there were two $3,000,000.00 life insurance policies in effect that covered Dr. Simpson at the time of his death. Mrs. Simpson was the beneficiary on both policies. Apparently, the first three million dollar policy was supposed to have been cancelled and replaced with the second three million dollar policy. However, by mistake, the premiums were paid on both policies. Consequently, when Dr. Simpson died, both policies were in effect.

When Mrs. Simpson learned about the unexpected three million dollars in life insurance benefits, she expressed a desire to transfer the extra three million dollars in benefits to her remaining six children. Therefore, she began making numerous gifts to her children with the advice of financial advisors and the family's certified public accountant, Dennis Frentz. Mrs. Simpson created a revocable trust in September 1985, which was funded with $1,500,000.00 of the six million dollars in insurance benefits. The six children were the beneficiaries of the trust. In 1986, Mrs. Simpson gifted approximately $1,088,000.00 to her children, their spouses and her grandchildren. As a result of these gifts, Mrs. Simpson incurred federal and state gift tax liability totaling approximately $193,000.00.

In July 1985, Mrs. Simpson provided her daughter and son-in-law, defendants, Shari and Karl Goodman, with a check for $80,000.00 to purchase and renovate a home in Yazoo City, Mississippi. One of the disputes in this appeal is whether the $80,000.00 was intended to be a loan or a gift. It is undisputed that the transaction was set up as a loan; however, defendants contend that Mrs. Simpson was supposed to forgive portions of the debt with the passage of time. Defendants assert that the forgiveness of the debt was going to be accomplished by reducing the principal balance on the loan by $30,000.00 a year. This figure represented the value of the ten thousand dollar per person annual gift tax exclusion. The Goodmans *558 referred to these annual principal reductions as "click-offs."

Shari and Karl made monthly payments on the house "loan" to Mrs. Simpson, although some of the payments were late. These payments were made with fair regularity until 1993, and one additional payment was sent in 1994. There was testimony at trial that shortly before the last payment was made by Shari, Shari learned that Mrs. Simpson had revoked the revocable trust which had been set up in favor of the children. However, Shari testified that she learned about the revocation in 1991, shortly after the revocation was executed, through a letter to the trustees on which all of her siblings were copied. But, Joey Simpson testified that he did not learn of the revocation until 1994. Mrs. Simpson's reason for revoking the trust was that she was lacking sufficient funds to support herself.

In the fall of 1985, Mrs. Simpson also provided her children with the funds to purchase a life insurance policy on Mrs. Simpson's life, which policy was placed in an irrevocable trust with the children listed as the beneficiaries. The cost of this policy was approximately $240,000.00. Accordingly, $40,833.33 was paid by Mrs. Simpson on behalf of each of her six children. The classification of this transaction as a loan or a gift is also disputed by the parties.

In February 1994, Mrs. Simpson sought the assistance of her new accountant, Kevin Neyrey to collect the loan payments from defendants. After efforts to collect the overdue payments from defendants failed, Mrs. Simpson filed suit against Shari and Karl seeking to collect the balance owed on the loan of the $80,000.00 for the house and the $40,833.33 for the life insurance policy. The Goodmans answered the petition claiming that the $80,000.00 and $40,833.33 were gifts and not loans; thus, Shari and Karl contended they did not owe Mrs. Simpson any money.

After a trial, the trial court rendered judgment in favor of plaintiff for $87,850.96, plus court costs, expert witness expenses and fees, and legal interest. In its reasons for judgment, the trial court concluded that the transfer of $80,000.00 by Mrs. Simpson to the Goodmans was a true loan, and not a gift. Thus, the trial court rejected the defendants' argument that Mrs. Simpson had allowed defendants to take several reductions in the principal balance of the loan. In reaching this judgment amount, the trial court concluded that defendants were entitled to $56,653.92 in credits for the amounts previously paid by defendants, as evidenced by cancelled checks. However, the trial court found that the $40,833.33 used to purchase the insurance policy was a gift and not a loan. Defendants appealed from the judgment asserting two assignments of error: 1) the trial court erred in finding that the money provided for the house was a loan and alternatively, 2) if the trial court was correct in its classification of the $80,000.00 transaction as a loan, it erred in not giving the defendants a credit for the interest payments made on the loan in 1986. Plaintiff answered the appeal arguing that the trial court erred in finding the $40,833.33 for the insurance policy was a gift and not a loan, and in not taxing all of the expert witness fees to the Goodmans.

STANDARD OF REVIEW

All of the assignments of error involve credibility determinations and findings of fact by the trial court. Accordingly, in reviewing the evidence, we are guided by the manifest error-clearly wrong standard, which authorizes us to reverse a trial court's factual finding only if we find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong. Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993); Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). Thus, the reviewing court must do more than simply review the record for some evidence which supports or controverts the trial court's finding. The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Stobart v. State, Through Department of Transportation and Development, 617 So.2d at 882.

*559 The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the fact finder's conclusion was a reasonable one. Stobart v. State, Through Department of Transportation and Development, 617 So.2d at 882.

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Bluebook (online)
727 So. 2d 555, 1999 WL 4105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-goodman-lactapp-1998.