Bill J. Malone, Jr. and Sarah J. Malone - Page 11

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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