Vanessa K. Bernardo - Page 13

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          in Melissa’s career, she would not further share in any profits             
          of Melissa’s or Cool G Records’.  When the Court pressed                    
          petitioner as to whether and to what extent, if any, she expected           
          to share in any profits generated by Melissa and Cool G Records             
          once she had been fully reimbursed for her expenses, petitioner             
          stated that that is a matter she “would have to renegotiate with            
          her [Melissa] on”, but that “[a]t this time, sir, no, because               
          there wasn’t--I didn’t have any profit to discuss with her.”                
          Petitioner’s responses to the Court’s questioning concluded with            
          the following exchange:                                                     
                    THE COURT:  Do you want to explain any further                    
               with regard to the questions I have just asked you?                    
                    THE WITNESS:  I would just like to say that as far                
               as the--it was a verbal [sic; oral] agreement.  It was                 
               not a written agreement.  We have not had discussions                  
               further as far as where my percent of take would end,                  
               and that would be something we would have to decide.                   
               The foregoing testimony makes clear that, at the time of the           
          trial and, certainly, during the year in issue, 1999, petitioner            
          had no understanding or expectation that her 50 percent profit              
          share necessarily would continue once she had received profits              
          equaling her expenditures on behalf of Cool G Records.  In                  
          petitioner’s view, once full reimbursement had been achieved, and           
          assuming continued profits, she and Melissa might negotiate and             






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