HomeMy WebLinkAbout0263 of General Motors Corporati~n indicia of ownership evider.cing his
100~ ownership of the new car dealership known as Ken Perona Oldsmobile;
Perona paid the bills of said a3ency and was personally liable for the
obligations of said agency; Perona paid the taxes on the real property
upon which the business wab operated and reported and paid Federal
Income Taxes on the profits earned from said business; Brereton filed
individual f~'ederal Income Tax returns showing himself to be a salesman ~
or general manager, reporting only his salary as income; During the
time Breretan was working at Ken Perona Oldsmobile, Income Tax and Social
Security were withheld from his salary as if he were an employee;
Workman's Compensation Insurance was carried by Ken Perona Oldsmobile
on Brereton as if he were an employee; and finaliy when the $26,650.00
advanced by Brereton was returned upon his demand, it was paid in two
checks, one ~initially for-$5,000.00, dated December 1, 1972, signed by
Brereton below the speciiic endorsement of "Payment on Loan', and the
second dated December 29, 1972, endorssd by Brereton "In Full Payment
af Loan. "
In this cpinion ~he Court has not specifically discussed the _
testimony of all witnesses, nor referred to all items of tangible or
documentary evidence otfered by the parties; however, the Court has _
considered and weighed all testimony and evidence in reaching its
dec~sion. The written briefs of cou~nsel were well-prepared and have -
been of great assistance to the Court.
After careful consideration of all the testimony and evidence {
and the arguments of counsel, the Court finds and determines that the ;
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gr~ater weight ~f the evidence is in favor of the remaining Defendant. 2
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The C~urt determines as a matter of fact that na present partnership
was created by the agreement between Derana and Brereton. Their agree- ;
ment was an executory contract to f~rm a pa~tnership in the future
(five years) subject to a condition precedent (that Brereton successfully .
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