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regard. Petitioner, who plays guitar, banjo, trumpet, piano, and
other instruments, gave guitar lessons while attending college.
In 1999 he was diagnosed with a medical condition that has since
restricted his ability to take full advantage of his musical
talents. Prior to the years in issue, Mrs. Malone taught basic
music theory to elementary school students.
Music instruction is a material component of the Malone
children’s home school curriculum. With the exception of
the youngest child, all of the Malone children take musical
instrument lessons. Each child that does take lessons plays a
variety of instruments, including the piano and the violin.
H and R, the eldest of the Malone children, started taking
music lessons at an early age. H plays the piano, violin, viola,
and harp. R plays the piano, violin, and flute. H and R are
skilled musicians and both have performed in public events. In
1996, at around age 12, H began to teach R to play the piano and
soon offered her services as a piano teacher to others. Shortly
thereafter, R began to teach violin.
Malone Music, an unincorporated activity, was started in or
around 1996, about the time that H and R began providing music
lessons. Malone Music engages in several activities. It
sponsors Melody Makers, a “music camp” conducted in the summer
months during school recess. It also promotes an ensemble whose
musicians consist of members of the Malone family. The ensemble
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Last modified: May 25, 2011