Questions From Gailon Joy Options

[Shepherdswife]

Statistics show that very few third marriages survive, especially when both parties had two previous failed marriages.
Joyce

Especially if a third marriage is subjected to the combination fishbowl/tornado that this one has been subjected to since day one. The kids of the mix are the ones I feel the most sorry for--they didn't choose any of this...

shepherdswife

[Fran]

[quote name='lurker' date='May 12 2007, 02:25 PM' post='195222']
Judge Rowe used Linda's product as an example of the property being used for the production of unrelated business taxable income. I have no quarrel with this and do not know if Linda was aware of whether the profit from her music was being donated to the ministry or being used as personal income. I do wish the judge Rowe had also revealed how the income from orders for books, music, and so forth by Danny, Tommy, Melody, Tammy was handled when it came in to the 3ABN call center. I also wish she had addressed 3ABN advertizing for and delivery of product by non 3ABN for profit entities such as the AntiChrist Agenda (DLS) and Tommy's product http://www.tommyshelton.com/products.htm and Melody's product http://www.melodyshelton.com/
[/quote]

Lurker;

Since you brought this up, I have questions too. The quote function is not working in preview, therfore, I am red & the Lawsuit is in Blue.

[quote]Applicant’s contract with the Seventh-day Adventists does not state that applicant’s use of the property is contingent upon any control what so ever of the Seventh-day Adventist Church. The document merely states that the entities support the efforts of each other [/quote].

Fran: Praise God from Whom ALL blessings flow!

[quote]Nothing in the record establishes the Seventh-day Adventist’s authority to operate the subject property under its own jurisdiction, and, in fact, the testimony of Danny Shelton was that applicant is not owned by or controlled by the Seventh-day Adventist Church. [/quote]

Yep, this is true.

[quote]Although Danny Shelton testified that he has written three books about the teachings and principles of the Seventh-day Adventist Church, (Tr. pp. 155-157) [/quote]

Danny openly testifies here that he wrote books.

[quote] Although Danny Shelton testified that he has written three books about the teachings and principles of the Seventh-day Adventist Church, (Tr. pp. 155-157) those books were not admitted into evidence, nor were the circumstances regarding the religious nature or financial information about the books admitted into evidence. [/quote]

This is another instance where “Information was not provided” and since they can only go by what they were provided they made the following statement. Silence on a subject can be lying about the subject.

Were the books copyrighted?

Did Danny receive royalties?

I believe we now know the answer of that!

Did Danny charge 3ABN for advertising the books since he was the publisher, Danny Lee Shelton?

How much did the “printing” cost;?

How much were the “royalties” received?

How much “profit“ was received by Danny?

How much of his profits came from 3ABN donors, since the end purchaser was 3ABN to sell these books through 3ABN?

From reading on several pages of this document, you will read that Danny sets the sales price and the board has nothing to do with this decision. Remember that Danny also decides the cost to 3ABN! Is this “Price Fixing”?

Since the auditors/investigators trying to receive disclosure facts, were not provided any evidence/information, this is the only conclusion they could come to.

[quote]Certainly, nothing connects the writing, publication, or distribution of that material to the property at issue. [/quote]

Now we come to Linda’s CD.

[quote]In addition, there is discrepancy in the testimony of Linda Shelton. She stated she did not receive royalty payments for the CDs (Tr. pp. 595, 617) and later admitted that she did (Tr. p. 619). [/quote]

Was she even aware she received royalties?

Danny handles all the finances at 3ABN.

Did he handle the household finances and taxes?

Did these royalties get reported on their tax return?

It was a fact that Linda did not do the taxes. Danny did. Danny sent her an email that he needed her to sign the tax documents. He did not go over them in the email, he just said he had to have her signature.

Did Linda blindly sign these tax returns?

[quote]The CD admitted into evidence, entitled “I think About Grace”, has a copyright mark on it. (Applicant’s Ex. No. 24) [/quote]

Were Danny’s books copyrighted?

Did he receive royalties?

Why is it just her CD that is in question?

Why would Danny readily provide information about her stuff, but NOT PROVIDE information/evidence about his stuff?

What about Danny’s music?

Why not Makin’ Memories? Danny sang on that one! Did he get royalties?

What about Danny and Tommy’s CD’s?

Why were they not admitted into evidence?

Why was there no information provided except on Linda’s music?

[quote]Broadcast Music Incorporated, a private company unaffiliated with applicant, licenses her songs. (Tr. pp. 617-620).

The songs on the CD belong to Linda, and were copyrighted by her in 2001. (Tr. pp. 620-623). [/quote]

Having her music copyrighted is absolutely what she should have done.

It is not a sin to protect your music.

It is smart business!

It seems the problem arose from using Danny to promote it as Danny/3ABN or as Danny Lee Shelton, the publisher.

[quote]Linda insisted that the (800) area code, toll free telephone number is strictly for prayer requests (Tr. p. 608, 612); [/quote]

I am sure she saw the number on the front. She would know that phone number!

[quote]however, it is the number listed on the inside label of her CD that was admitted into evidence. The (800) telephone number is listed for ordering additional CDs.

The outside label had the (618) area code telephone number listed with the address of applicant. [/quote]

Who entered this CD into evidence?

Who was it that pointed the inside 800 number out to the auditors? It says, ” however, it is the number listed on the inside label of her CD that was admitted into evidence.”

Again, who specifically admitted this particular CD into evidence?

Who purposely omitted any of Danny’s, Melody’s or Tommy’s items?

Was this preplanned?

Applicant’s Fall/Winter 2001-2002 newsletter has an advertisement for Linda Shelton’s new CD, “I Think About Grace.”

The advertisement has the toll free number listed for orders. (Intervenor’s Ex. No. 8; Applicant’s Ex. No. 24; Tr. pp. 644- 645).

This one Linda will have to answer. She did put the newsletters together.
Did she do the advertising slots, or did someone else?

Did she just receive the material and place them in the newsletters?

Pp 32/33 of 46

This post has been edited by Fran: May 12 2007, 10:22 PM

[Snoopy]

This is a rather lengthy article but I found a lot of interest in it

http://www.runquist.com/ARTICLE_ReligTax.htm

OBTAINING FEDERAL EXEMPT DETERMINATION LETTER:990 Filings and UNREASONABLE COMPENSATION ISSUES are of particular interest.

PROPERTY TAX EXEMPTIONS is also of interest. I would assume that there is a charitable dedication clause in 3ABN's articles of incorporation. So what Judge Rowe was speaking of must have been that a portion of the property was used for the production of unrelated business taxable income (whether or not this income was properly reported by the indiviuals involved and taxed.)

Thank you for that link, lurker. I have not read the article yet, but plan to carefully.