2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

DEPO-SQUISH Condcnsclt’M Tcrrancc J. Carter
Page 13 Page IS
I .A I Ihoughl il was Sr Paul. I Q. Tlic olhcr niolorcyclcs. the otkr
2 (I. I-low did you conic lo sell your niolorcyclc lo 2 I larlcy-Davidson niotorcyclcs that you owned, yo~i’vc s&l
3 Wally McCarthy or tratlc il in? Tell mc how that 3 llicm lo privalc parks?
4 transaction occurred. 4 A. Mostly, I hclicvc, yes, or all 01‘ them. I
5 A. They had kind 01‘ ;I rare ss (Camaro. It was 5 can’t rcnxmhcr exactly who 1 sold them to.
6 coming hack from Icasc. The value was pretty close. I h 0. Do you rcmmher the nanm 01. any 01‘ tllo.sc
7 could trade in the hike and wvc all the sales tax, rend the 7 privalc parties you sold tlic motorcycles lo’!
8 price on (hc Camarc~ was Ibur or I‘ivc thousand under hook, x A. Sure. I sold one to my son’s wife’s sister.
Y and it was a deal I couldn’t pass up. Y I-lcr nanic is Dawn II-O-E-F-T.
(1 0, What do you nwan hy you could save wlcs tax’? IO I sold one lo a policeman in I3gan. l can’t
I A. If you lrutlc, you only pay salts lax on llic i I rcmcmhcr his name. IHe ended up riding with 111~.
2 di Il’crcncc. I2 I sold one to -- I sold lhcni 10 rclativcs.
3 Q. Do you rcmeniher (lie dale you lradzd in lhal 13 friends, pwpk I wanted lo gel in on lhc business.
4 motorcycle to Wally McCarthy? 14 Q. I’m sorry, these were people you wanted 10 get
5 A. It was within three wtxks of when 1 purchased I5 in on the business’?
6 the bike. I can’t tell you what that day was, but it was I6 A. Not specifically. It’s just it was -- you
7 right around that May, June time frame. 17 know, 1 liked to sell it to people I knew.
8 Q. Do you remember how much you were credited for 18 Q. Did you consider this a’business7
9 the trade-in? 19 A. Absolutely not. I meant the business of
10 A. No. Somewhere around eighteen. 20 riding motorcycles.
!I Q. Do you remember if it was more than you had 21 0. Okay. Why don’t you give me the names of some
12 paid for the motorcycle? 22 of these other relatives and friends that you sold your
13 A. Ido remember for a fact that it was not. 23 motorcycles to?
!4 Q. Had you already made the decision to do a deal 24 A. I can’t remember. I gave you all the ones I
15 with Wally McCarthy before you obtained possession af that 25 can remember right now. I apologize.
Page 14 Page 16
I motorcycle? I Q. Do you have any documentation from any of
2 A. No. 2 these sales?
3 Q. When did you originally make the decision to 3 A. I’m sure I have records, probably not from all
4 trade that motorcycle in at Wally McCarthy? 4 ofthem.
5 A. After I found out what Twin City South was 5 Q. If I ask you to provide those to your
6 going to charge me for the bike, and after I got it home, I 6 attorney, would you be able to do that for me?
7 started making plans to get rid of it. 7 A. As many as I have, he’s welcome to.
8 Q. You knew you could have elected not to take 8 Q. Okay. C
9 that bike. Correct? 9 A. And my son, he bought one from me too.
IO A. And I waited three years for nothing? 10 Q. What’s hisname?
II Q. B,ut ‘you uqdemtood you did not have to take 11 A. Thomas John Carter.
12 ,fhe bike. bmect? 12 Q. Did you make a profit on the sale of any of
13 , x. +t.
13 these motorcycles?
14 ,_ Q. p it @z,‘& ‘say you took it because you knew 14 A. SometimesImademore. MofrtlyImadeless.
IS y&could sti.11 sell it or you thought you could sell it 15 Q. Tell me about the times you lEmember that
16 formoremomy?
17 A. No, it’s not safe to say that. I took it
16 youmadeaprofitonthesaleofthe Sk l-Q&S.
17 A. I can’t think of any offhand, but I do
18 because I had waited three years for the bike.
18 ~berthatIgot~mymoneybackandsometimesIfel~
19 Q. But you knew when you picked it up you were 19 good and sometimes I just got out from under it. My policy
20 going to get rid of it right away. Correct?
20 wastobuyinthespringwhenitwastimetorideandget
21 A. Somewhere around that time I made that
21 ridofthemint.hefallsoIdidn’thavetowinterthe
22 decision. I don’t know if I bought it and then made the 22 bikes. The prices of a Harley allowed people to do that
23 decision. I was angry at the time that I was forced to pay 23 and not lose too much money.
24 that price, yes. So I don’t know exactly when it was I 24 Q. Did you ever buy a motorcycle with the
25 made that decision.
25 intention of reselling it for a profit?
13 - Page: 16 Kirby A. Kennedy & Associates (952) 922- 1