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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Moorcroft v. Severance (2018)

Citation
Moorcroft v. Severance (2018)
Parent Document
Moorcroft v. Severance (2018)
Jurisdiction
Vermont (state)
Effective Date
2018-03-12

Other Sections in This Document (73)

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48. Car sales continued out of “John’s Repair Shop” businesses that John set up as sole
    proprietorships. As Jim and John were involved in selling cars, the vehicles were titled,
    for sales and registration transfer purposes, through various individuals, relatives and
    former Auto Pride employees as the cars were sold to individuals. Neither Jim nor John
    had a state auto dealer license and the volume of cars they individually or collectively
    sold would have normally required a state dealer license. By using “straw” sellers they
    knowingly evaded state licensing requirements.
49. The evidence was unclear if John’s Repair Shop was a true sole proprietorship that John
    ran, allowing Jim to also sell cars from that location, or if it was operated as some joint
    business between John and Jim that was part of the Pride Auto businesses. No earnings
    information, or tax filings of any sort for that business were provided.
50. The May 2008 Ruel / John’s Repair Shop lease for 689 South Barre Road in South Barre,
    was solely between John (as John’s Repair Shop) and Richard Ruel and was in John’s
    own name (Exhibit 9B). This is more consistent with John’s Repair Shop business being
    John’s own sole proprietorship, as Jim claims, rather than part of a Pride Auto business
    partnership.
51. The 5/3/07 Environmental Court order, from the Town of Brookfield proceedings to
    require the Pride Auto cars be removed, was against Mr. Moorcroft alone as an individual
    (Exhibit D). This is consistent with the Pride Auto businesses being a sole proprietorship.
    However, the 2009 Pride Auto River Street, Montpelier lease termination proceedings
    and judgment proceeded against John Severance personally (See Exhibit 24). No copy of
    that operative lease was presented. The court cannot tell as to who and how it was
    executed insofar as the named lessee. The admitted exhibits included a small claims
    court action complaint NAPA Auto brought against Pride Auto, in small claims court,
    wherein the Plaintiff described John Severance as the Pride Auto owner. (Exhibit 22). It
    is unclear what statements or conduct served as the basis for the Plaintiff’s contentions.
52. The Pride Auto business entities in issue, according to Jim, filed Schedule C sole
    proprietorship tax returns in Jim’s name, but none were produced at trial. To the extent
    John claims the Pride Auto business(es) was (or were) a partnership (or partnerships) for
    many years, he admits he never saw any tax returns or partnership Schedule K-1’s of any
    kind indicating he (John) had an ownership interest in the businesses.
53. John appears to ask the court to infer he and Jim had a true business partnership by the
    mere fact John provided services for the auto sales ventures, income from those ventures
    was used from Jim and John’s shared household while they lived together as an intimate
    domestic partnership, and he had made some initial payments (loans or investments) of
    about $30,000. There was never any alleged express discussion between Jim and John
    wherein they agreed to share the income and losses of the Pride Auto businesses.
54. The sharing and pooling of assets between Jim and John appears to have arisen from their
    intimate domestic partnership. This “partnership” was one by which they shared income
    and expenses of their household and lives during the time they sustained relations as
    intimates or domestic “partners”. This is a different “partnership” than a business general
    partnership. (See Legal Analysis below)