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repeatedly refer to H and R in various capacities. The absence
of any reference to petitioner in documents generated by Malone
Music is in contrast to a reference to petitioner as the
“director” of “Malone Academy”, a name apparently used to
describe the Malone children’s home schooling program.
Furthermore, to the extent that the testimony of one witness is
representative of public impressions, the music teacher who
taught some of the Malone children referred to Malone Music as
“H’s business”. The promotional materials published by Malone
Music and the impression of the Malone children’s music teacher
support a finding that the business was not carried on by
petitioner, but rather by one or more of the Malone children.
We next examine the status of the ownership of assets used
in the business and note that the ownership of some of those
assets is not entirely clear. The business premises, that is,
certain rooms in the family residence designated for such use,
are apparently owned by petitioner or petitioners. Some of the
musical instruments used in the business, no doubt, are also
owned by petitioner or petitioners, but it is not clear whether
some of those instruments, although purchased by petitioner or
petitioners, were gifted to one or another of the Malone
children. A business checking account was opened at some point,
but control over that account says little about the ownership of
the business as petitioner, H, and R are all signatories to the
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Last modified: May 25, 2011