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Wednesday, April 16, 2014

Email Sent to Deana Hood, Kim Helper the Williamson County DA & others.... It's Time for James Comey & the FBI did RICO in Tennessee & INC. the Courts!!! It's not for me it's for HUMANITY...Hey- Mike Dorris Tell Your Friends at Stratfor i Want a Job Too.... I Really Don't Think Buck Revell Will Give me a Good Reference Though ****



Begin forwarded message:

From: Sharyn Bovat <sharynbovat@icloud.com>
Subject: Message to Deana Hood & Kim Helper
Date: April 16, 2014 at 1:17:25 PM CDT
To: deanahood4judge@gmail.com, krhelper@tndagc.org
Cc: "burns8882@bellsouth.net" <burns8882@bellsouth.net>, rblackqc@outlook.com, richard.jeffs@communication-consultants.co.uk, Mark Silverman <4msilverman@gmail.com>, Blake Farmer <bfarmer@wpln.org>, rweingarten@steptoe.com, ed@edgillespiestrategies.com, tracy.woodard@nmm.nissan-usa.com, Kline Preston <kpreston@klinepreston.com>, cstanbrook@mwe.com, fduggan@comcast.net, RMarquise@aol.com, darrellwmills@msn.com, sir.johnorr@yahoo.co.uk, brian murtagh <bmurtagh3@verizon.net>

Deana Hood & Kim Helper: Just posted Troy Burns 2011 deposition-this is a curtesy notice. 

Just told that Troy Burns paid his divorce lawyer from his business account-sounds like an IRS issue? 

GOOD NEWS!!! 

I’m headed to NYC to the Tribeca Film Festival. Going to see the movie Silenced about Whistleblowers on Sunday and on Monday the United Nations invited to a premier & cocktail party. looks like I’m turning my NISSAN lemon into lemon-aide:):)  

Get this: I’ve got people in the UK interested in doing a film on the inhumanity & abuse of power happening in Williamson County Courts - guess it makes them feel better hearing Tennessee abuse is similar to the abuse done to Megrahi (he’s the “so called” Lockerbie Bomber)?  Did I ever tell you that I was part of the cover up?  Oops I told my lawyer Kline Preston when I was abused by the Tennessee courts & he let trumped up charges continue-why? Deana Hood did Joe Baugh ever say anything?  Did you know that Troy launders money? If thats not true someone should have told me MONTHS ago &  Mr. Burns “if” that is not true than you cheat on your taxes BIG TIME!!!   

Please email me with any clarifications.  My goal is to blog about the truth. I’ve had issues about Troy Burns on my blogs for a LONG time & nobody has clarified. Sadly Amy Burns is still abused- Why?  

Have a great day!

Sharyn Bovat
615-944-7599

Deana Hood has been emailed and if anything on any of my blogs is not correct she can clarify and I will email Troy Burns and offer a chance for him to make a stament & or offer clarifications.The goal of this blog post is to provide Amy Burns FAIR resolution and to exposed judicial abuse happening in Williamson County Tennessee 

James Comey is the FBI Gonna Get Involved? I Have PROOF Troy Burns is Launders Money & Lies to the IRS: Burns vs. Burns a 5 Year "ongoing" Divorce from Hell... Read How a Michigan Mom is Fighting the KKK in Williamson County Tennessee - Deposition of Troy Burns - June 6th 2011


The original transcript posted below is accessible to the FBI if they include Tennessee in a RICO investigation, to any lawyer that will help 1/2 dozen innocent women that have been abused in the Tennessee courts & any reporter willing to cover the 5 year divorce from hell that's still happening in Williamson County Tennessee: Burns vs. Burns 
Amy was forced to live in a domestic violence shelter & for 5 years she's been bullied in the courts - she was the domestic violence victim and she also became a judicial victim: Below is an audio snipet on YouTube shows Troy Burns using the "N" word...   & a YouTube video of Amy explaining HOW money is laundered: 

The deposition transcript below shows Troy Burns sells millions in farm equipment each year & his business records show "alcohol" is a BIG monthly expense -massages, nail care, girlfriends cell phone are ALL considered business expenses for Burns Farm equipment- how could he get away with it... 

Oops Troy Burns has "different books"... Some are for Burns Farm equipment and some "Burns Farms"... huh.  

Troy won't provide records and Amy suffers without her little girl while the courts drag out issues... NOW the next hearing is NOT scheduled until after the election.   Guess Deana Hood did not want any more "dirty laundry" exposed....   Please speak up for humanity help Amy Burns get resolution TODAY... 


Whose a lawyer that Troy Burns and his mom hired to bully Amy Burns...  DEANA HOOD
Troy Burns a man whose friends with Tennessee State Senator Jack Johnson, uses Comdata, & is a member of the Good Ole Boy network that dominates Williamson County. Troy tells the IRS he makes 20-30k a year.  He & his mom whose from a KKK connected family had his future ex wife Amy Burns jailed 3 times on trumped up charges: I (Sharyn Bovat) was sent pictures of their little girls bruised body.  The Williamson County courts gave custody to the relative related with the abuser-Why? 


Oddly Troy has a consultant that research shows is a prominent hair dresser  Myrena Hutten below is a cut and paste from a draft sent by court reporter the night before. Amy Burns says the original  identical.



IN THE CHANCERY COURT FOR WILLIAMSON COUNTY, TENNESSEE

-at Franklin-



TROY FRANK BURNS, 

Plaintiff/Counter-Defendant,

VS.                                                No. 36808

AMY LOUISE BURNS,

Defendant/Counter-Plaintiff.



Deposition of 
TROY BURNS
June 6, 2011   9:00a


APPEARANCES


Counsel for the Plaintiff/Counter-Defendant:

PATRICIA A. MCDADE, ESQ.
227 Bridge Street
Franklin, Tennessee  37064
615-791-0058

Counsel for the Defendant/Counter-Plaintiff:

TIMOTHY TULL, ESQ.
5326 Main Street, Suite D
Spring Hill, TN  37174
615-530-5719


_____________________________________________________________ 


ANN WOOFTER, Certified Court Reporter
2220 Golden Oak Place
Madison, Tennessee  37115

615-868-8800
INDEX
WITNESS                                         EXAMINATION
Troy Burns                                           3



EXHIBITS                                        IDENTIFIED
No. 1 (Late-filed)(House Lease)                     18
No. 2 (List all account numbers - Regions Bank)     33
No. 3 (Letter from Mensel to Oxford 1/11/11)        43
No. 4 (List of discrepancies - Burns Farm Equip.)   43
No. 5 (Chart - docs provided/docs missing)          45
No. 6 (Printout of eBay Account - Items for sale)   50












MR. TULL:  I guess you want me to start, right?
MS. MCDADE:  Yes, you go first.
MR. TULL:  Okay.
(Witness sworn)
THEREUPON came
T R O Y   B U R N S
who, having been first duly sworn according to law, testified as follows:
EXAMINATION
BY MR. TULL:
Q Troy, will you tell me, first, about the structure of Burns Farm Equipment.  What is it?  Is it a company?  Is it an LLC or -
A Sole proprietorship, just myself.  I started trading farm and construction equipment, the business, part-time, I don't know, somewhere around 2000.  I was working at Graybar Electric Company, had been there 20-some odd years.  And so I started - had really grown tired of working for Graybar and was loving trading in the equipment business.  So I made the decision to go fulltime and so I guess I started fulltime in '05 or so, August of '05.  That's when I quit Graybar, walked away from that. 
What I do is I am a broker of farm machinery and construction machinery.  That's what I started off being.  I wholesale and retail to dealers and when I retail, I retail on such as "Tractor House" and "eBay" and "Machinery Traders", some of those places, some of those advertisements.
I was trading on some construction equipment in '08, the housing fallout and the construction equipment, and I had a bad year in '08.  And so now I pretty much just trade on farm machinery business.  Does that tell you enough?
Q Sure.  Does the company, and I call is a company because that's, I guess, what a sole proprietorship, basically, is.  Does it work out of a single checking account?
A Yes, it works off of **********, which is - you should have all that.
Q Oh, yeah.  So that's the Burns Equipment Account?
A Yes; yes, sir.  Now, with that being said, there is a wire transfer account, like when people wire transfer me money -
Q Uh-huh.
A I think that number ends in 2621.  And so when someone wire transfers me money, because of identity theft, I'll rip it out of that account and put it in the Burns - so, I guess, technically, it would work off - it really works off - you understand what I'm saying                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        .
Q I do.  I have exactly the same thing.  It's just a washing out account -
A Yes, that's correct.
Q - for wire transfers so you don't end up -
A But I wanted to make sure I answered that correctly, you know.
Q Now, do you take title to the equipment and then sell it?
A Yes.  When you say I "take title", what's your definition of "title"?
Q You actually purchase it.
A Yes.  I purchase it and I have - yes, that would be correct.
Q And so what do you - tell me about your cash flow.  You aren't buying ink pens -
A Right, right.
Q Tell me how your cash flow works.
A I buy a tractor from, let's say a John Deere dealer in Texas gets a New Holland tractor-trailer in.  I have a relationship with that dealer in Texas.  He calls me, he says, "I got a New Holland in on trade."  He says, "What would you put into it?"  So, if I can buy it and I think it will make money, I purchase it from him.  I cut him a check out of the famous 5293 account.  I get the tractor up here.  I either wholesale it to a, since it's a John Deere tractor, I'll either wholesale it to a John Deere dealer or I will retail the tractor.  Is that kind of what you're -
Q Right.  So where does the cash come from to buy the John Deere Tractor?
A I have three lines of credit.
Q Okay.
A You guys should have copies of all those.
Q Yeah, I've seen some of that.
A Actually, I've got two lines - let's see, one line of credit - I've got three lines of credit, yeah, that would be correct, three lines of credit.
Q What would you say, or can you say, what kind of average balance on each line of credit would be?
A I keep them maxed out.
Q Okay, what's the max on all three of them, then?
A I think, and I'm going off memory here, because I know what they all three add up to be.  All three of them add up to be like $299,000.  The smallest one is $15,000; there's another one for, I think, $99,000; and then whatever the remainder is of that is the other one.
Q What secures those lines of credit?
A My word with the bank is on one or two of those.  Actually, in fact, on one of them.  And my home, my property is the other one.  When times were good and the banks were, you know, patting you on the back and saying, "Whatever you want you can have," I got a line of credit against my home.
Q Are these all the same bank?
A Regions Bank; yes, sir.
Q All three.
A Yes, sir.  I have no relationship with any other bank other than Regions Bank, as far as my business goes.  
Q So I guess your buying and selling equipment is largely a function of what you sold recently to replenish the line of credit and -
A Well, it's that, too, Tim, plus I have relationships with people who give me 30 days.  So, although I may have a piece of equipment for sale, like Weeks Auction Company in Florida, they give me 30 days on anything I buy.  And at the end of that 30 days they want their money but I get 30 days.  Some of the dealers that I do business with, they'll give me 30 days.  So there may be some machinery in my inventory that I have for sale and have listed that technically I haven't paid for yet.  But when I sell it, I've got to send these other people their money.
Q So are those the ones you're looking to wholesale, primarily?
A You know, it just depends on which squeaky - who's screaming - I mean if it's a situation to where I can make it work, I'll retail it.  If I'm tight on money, I need to move it, I'll wholesale it.
Q So I guess it's safe to say that at any given time you've got over $300,000 in inventory.  You've got $300,000 in line of credit and if you've got any of these folks giving you terms, then is that pretty -
A That's a hard question to answer.  I have, yes.  I don't want to say that's often but I would say I have had one $300,000, yes.
Q $300,000 would be a pretty safe number because your line of credit is maxed out.
A Yes.  But, you know, some of these tractors are $100,000 tractors.
Q Oh, I've seen them.
A And a $50,000 tractor, you know, John Deere, some of these late model tractors are $50,000 or $60,000 tractors.  So if I go to Weeks Auction Company and buy four or five tractors and put them in the inventory, then we're well over the $300,000 mark, you know.
Q Sure.  I notice you list in quite a few places.  eBay is one and there's several that I can't recall their names -
A "Tractor House", "eBay" was doing some fast line -
Q Yeah, that's one I was talking about.
A They really wasn't productive.  I don't know right now.  I'm forgetting somebody else but "Tractor House" and "eBay" is my main two.
Q Do you list the same piece in multiple places?
A Yes, sir.
Q I figured you would.
A Yes, sir.
Q Only farm equipment, right?  That's it?
A Well, I don't want to say only farm equipment.  I just want to say that that's my main thing because, occasionally - I can't tell you the last time I've had a bulldozer or backhoe.  But if I saw one this afternoon when I got out of here that I thought would make money, I'd try to buy it and flip it and, you know - but, mainly, farm machinery, mainly tractors.
Q That's what I saw, mostly.
A Yeah, mainly tractors.
Q Tractors and some related equipment.
A Yeah.
Q Any other names that the business works under?
A No.
Q Any other businesses?
A No.
Q And so you will buy and sell in virtually any state?
A Yes, sir.  And have sold some in Canada, shipped a tractor to Hawaii here a couple months ago.  Would like to start doing, actually, things in other countries.  But, to answer your question, yes, sir, in any state, and buy in any state.
Q Right.  How about other people in your employ?  I mean do you employ anybody?
A No.  Well, yes, I've got a truck driver that drives for me.  His name is Dwight.  I have just, in the last couple of months, hired a sales rep by the name of Michael Haggett.  And Michael calls on dealers for me and tries to buy trades from them.  He's what I guess you would call a telemarketer.  I think he came to work for me April 1st is when he came to work for me.
Q I thought there was a lady that worked for you.  
MR. TULL:  Didn't you tell me about a lady that worked for him?
(Off record discussion between Mr. Tull 
and Mrs. Burns)
BY MR. TULL:
Q How are you compensating your sales rep?
A You talking about Mr. Haggett?  Now, keep in mind, he just came to work for me in April of this year, 2011.  So he's only been working, I guess, a couple of months now.  I pay him a $400 a week salary and he gets 10 percent commission - 10 percent of the profit of whatever he buys makes.  If he discovers a tractor and he calls and says, "This New Holland Dealer in Georgia has got this tractor for sale, what do we need to bid on it?"  I'll tell him what to buy it for, he'll handle it, I'll pay them and when I sell it he gets 10 percent of the gross profit.  
By the time you take transportation out, by the time you take everything out, he gets 10 percent.
Q And the $400 a week is not an advance on commissions, it's straight -
A It's straight salary.
Q And how about Dwight, how do you compensate him?
A He gets paid $.40 a mile.  Because you have to transport this stuff.
Q Sure.
A Whether I'm paying an independent truck driver or whether it's going on one of my trucks, you have to transport it.
Q Yeah, I would think it would be a challenge to ship it UPS.
A That's true.
Q And Grant Tomlinson does mechanic work for you?
A Grant Tomlinson, it's his own shop, his own deal.  That's just where I get all my tractors fixed or recon, reconditioned, I guess, is what you'd say.
Q So you do that on a per tractor, per whatever -
A Yeah, we're two separate businesses.
Q Have you purchased any equipment for use in the business in the last three-and-a-half years or so?
A Wow, yeah, I sure have.  I mean are you talking about like vehicles?
Q Stuff for you to use, not for yourself, stuff for you to use in the business?
A I purchased vehicles, transportation vehicles to move the equipment with, yes.
Q Where have you purchased?
A In the last two-and-a-half years?  Is that right?
Q Yes.
A Well, I think I had the Volvo longer than that -
Q Volvo truck?
A Volvo semi-truck, a step deck.  I've had that longer than three-and-a-half years.  Since then I've purchased a Freightliner truck and I've purchased a Kenworth Truck.
Q And do you know what you paid for the Freightliner?
A Well, the Freightliner was a trade-in.  I had a Volvo truck and a Dodge truck, and I traded the Volvo and the Dodge, and I had a step-deck trailer that went with the Volvo.  
Q Uh-huh.
A And I traded all three of those pieces and I want to say I traded them even for the Freightliner.  I'm thinking I traded them even or I may have put $4000 or $5000 - it was pretty much an even trade for all three of those for the Freightliner.  
Q Okay.
A I think that's right.  I think that's right.
Q And the Kenworth.
A The Kenworth Truck, I purchased for $53,000 and I also purchased a double drop trailer for $26,000.  And both of those, you didn't ask but I'm going to tell you, both of those have loans against them.
Q So there's liens on both of them?
A Yes.  And there's also a lien on that Freightliner, too.  There's a lien on the Freightliner because there was a lien on the Volvo and the step deck.  So there's money still owed - they took over the loan.  So the Freightliner was pretty much a swap on paper but still there was money owed against the Volvo and I hope you're understanding what I'm trying to say.
Q Yeah, yeah, I do.
A It's car salesman talk, I guess, is what it is.
Q You didn't have full equity in the Freightliner?
A No, sir.
Q And are these all financed through Regions?
A No, sir; those are financed - and that was one thing I kind of second-guessed your question.  Earlier you said something about does all Burns Farm Equipment go through Regions?  Those loans are through other people.  So I didn't know, technically, if you wanted me to answer that question -
Q Who has the loan on the Freightliner?
A Daimler Chrysler.  I think they're part-owner of Freightliner or something like that.
Q And the Kenworth?
A Credential Leasing.
Q Prudential?
A Credential Leasing on the Kenworth and the double drop.  Credential Leasing has the financing.
MS. MCDADE:  Daimler Chrysler has got the loan -
THE WITNESS:  Daimler Chrysler has got the loan on the Freightliner because there was money owed against the Volvo and the step deck and, actually, Credential Leasing had the loan on the Volvo and the step deck and then I traded them in and Daimler Chrysler took over the loan.  
BY MR. TULL:
Q So, since these were purchased in the last three-and-a-half years, I think this is how long this divorce action has been pending -
A It hasn't been that long.  Two years.  It feels like three-and-a-half but it's two.
MRS. BURNS:  I move out two years ago.
BY MR. TULL:
Q Did you buy these in the last two years?
A Yes, sir.  Actually, I bought them probably in the last six months if you want to know the truth.
Q Did you talk to Amy about these purchases?
A Amy and I have had a discussion about the Freightliner but we have not had a discussion about the Kenworth and the double drop.  I don't believe we have.  But she does know about the Freightliner.  Now, if you're asking the question, did I talk to her beforehand, no, I did not.
Q Did you rent a house in Jackson, Tennessee?
A Yes, I did.
Q And was that in the last two years?
A Yes, sir.
Q And what was its purpose?
A I was going to start an auction company at one time.  I rented a house from, I don't know, I think early January of '09 to May of - I'm sorry, let me get my years straight here.  January of 2010 to May of 2010.  I was going to, had an auction company look for some property over there.  I had a time, shouldn't have rented it but, yes, to answer your question, I did rent one.  
Q For what purpose?  I know you were going to start an auction company but renting the house, I guess, is what I'm asking.
A Well, I thought that - I had some partners at the time and they gave me their verbal commitment to, basically, find - I just jumped ahead.  I should have never rented the house.  I jumped ahead of the game.  I was looking for some property and I just should never have rented the house.
Q Did you consult with Amy on the rental?
A No, sir; this was done after I filed for divorce.
Q I understand that but there are some restrictions on what you can do during the pendency of a divorce is why I asked.
A To answer your question, no, sir, I didn't.
Q Who is Rachel Rowland?
A Rachel Rowland was an individual that I met and she worked for me, I don't know, I guess she worked for me, I guess you would call it part-time kind of watching the house for me.  Since I was not there daily, she would go by and check on things.
Q Did she ever live in the house?
A Not to my knowledge.  She may have stayed there some nights; I don't know that she stayed there every night but she may have stayed there some nights.
Q Now, you said you had leased this house; whose name did you lease it in?
A I leased it in my name, of course.  And I think her name, I'd have to go back and look, but I think her name may have been on the lease for her to take the keys over to, something like that, but I think her name may have been on the lease.
Q Do we have that lease?
A Oh, we can probably get one.
MS. MCDADE:  Do you want to make it a late-filed exhibit?
MR. TULL:  Huh?
MS. MCDADE:  Do you have a copy of it or do you want us to provide you one?
MR. TULL:  If you have one.  I don't know how you'd know what you have produced and what you haven't produced, by the way, so -
THE WITNESS:  Well, it's late in the game, so -
MS. MCDADE:  So do you want that as Late-filed No. 1?
MR. TULL:  Yes.
MS. MCDADE:  Okay.
(Document designated for identification 
as T. Burns Late-filed Exhibit 1.)
BY MR. TULL:
Q What is your relationship with Rachel Rowland?
A Today I don't have one.  
Q What was it back in January?
A Back then she was someone that I met and it was supposed to be business but it became personal.
Q Did you ever have sexual relations with her?
A Yes, I did.  But I want to make a note that I did not know her and had never heard her name until after this divorce was filed.  I met her in late December of '09 and we had a relationship until, I don't know, probably mid-May or so of 2010.  I want - I'd just like for that to be noted.
Q That's fine, sure.  Did you pay for any cosmetic surgery for her?
A No, sir.  Definitely no, sir.  I've never paid for any cosmetic surgery for any woman.  I've met a few of them I probably should have but I didn't.
MR. TULL:  Off the record.
(Off record discussion)
MR. TULL:  Back on the record.
BY MR. TULL:
Q Did you buy anything else for her?  Car?  Cell phone?
A No, sir.
Q No?
A No, sir.
Q Nothing?
A No, sir.  I may have taken her to lunch a few times or to dinner or something like that but I never bought anything for her.
Q And did you pay her?  I mean she was doing some work for you.
A I paid her $200 or $300 a month just to go by and take care of the house and make sure everything was fine.
Q And I'm not implying anything by this but do you know whether or not she has had a child since January of 2010?
A No, sir, Rachel has no children.  No, sir, she has no children.
Q I've looked at your business and I'll tell you I'm an ex-CFO, but not an accountant.  Don't ask me how I did that; it's a long story.  And so I look at businesses in kind of a little bit of a different way.  The thing that struck me was that your net profit to gross sales is like one to two percent.
A That's right.
Q So you're in a - what, in 2009, and by the way, we haven't got 2010 income tax -
MS. MCDADE:  He brought his computer so you can maybe look at it at a break or something.
MR. TULL:  Okay.
BY MR. TULL:
Q In 2009, and we're going to focus a lot on 2009 because that's the year we really have most of the information on.  You had $2.5 million in gross sales -
A Uh-huh.
Q And you have a one percent profit margin.  That is a huge risk to take.  Is that - do you think that's standard for the industry?
A I can't answer that question.  All I can tell you is that my figures are accurate.  My business is not that profitable.  And - I mean maybe I'm not good at what I do, I don't know.  But my - there's two things I've got to answer to.  I've got to answer to the IRS and then I've got to answer to you guys.  So that's two big hurdles to get over if you was lying about something.  And I'm not going to - the IRS is, for you, being a business owner and Pat being a business owner, they'll come in and look at you before it's all over with and those numbers are accurate.
Let me explain something.  When you give $92,000 for a tractor and you sell it for $100,000, okay, there's $8000 difference.  You take out transportation to and from, you take out Grant fixing that tractor and working on it, you may not wind up with $2000 or $3000, or a couple thousand dollars.
Q Sure.
A So, although $100,000 went through your bank, you really only brought home a couple thousand dollars.
Q Right.  I don't know that the lawyers have any better profit.  
MR. TULL:  What do you think, Pat?
MS. MCDADE:  Yeah, it varies.  Depends on what month it is.
MR. TULL:  Yes.
THE WITNESS:  What was your comment?
MR. TULL:  I don't think lawyers have a much better profit margin than that.
THE WITNESS:  Oh, okay.  Sorry.
BY MR. TULL:
Q When I looked at your Profit and Loss from Schedule C on the income tax returns, your net profit and loss is running in the $35,000 to $40,000 range.  I don't know what it was in 2010 but I'm struggling with that and maybe you can help me.
During several of these years you and Amy were together, and as I recall in looking through the documents, the Amy Fund, usually you gave her $4000 to $5000 per month to run the household; is that right?
A That would be an incorrect statement.
Q Okay, then tell me -
A Well, that statement is partly correct.
Q Okay.
A Normally, I would put $5000 a month in that fund.  That was to pay all our bills.  And even when we separated I would still put that $5000 in there but that was to pay all our bills.
Q So the bills were in the $4000 to $5000 range during these years, I guess, the household bills.
A I would not agree with that.
Q Okay, help me out.
A You can spend $5000 a month but your bills may not be half that.
Q Okay.  Where would the rest of it be going?
A You probably need to ask your client that.
Q Was the house remodeled during these years?
A During '09?
MR. TULL:  Off the record.
(Off record discussion)
MR. TULL:  Back on the record.  Where were we?
MS. MCDADE:  You were talking to him about his Profit and Loss Schedule.
MR. TULL:  Oh, okay.
MS. MCDADE:  And made $30,000 to $40,000 and giving $4000 to $5000 a month.
THE WITNESS:  Do you have my '09 monthly paperwork?
MR. TULL:  Yes.
THE WITNESS:  I just wanted to make sure you have it.  You don't have to -
BY MR. TULL:
Q I went through some of it, a good bit of it, actually.  So here's my problem.  At $5000 a month, that's $60,000; $4000, $48,000.  In none of these years was your net profit and loss, did it even approach either one of those numbers.  The most it was was $39,000 and change.  So how do we - It's 48 to 60, depending on whether it's $4000 or $5000, and we've got a net profit of -
A Are you calling net profit what I claim on my income tax?  Is that what you're saying?
Q Right, on Schedule C.  I think just Schedule C; I'm not taking your Adjusted Gross Income.  I'm taking your Schedule C income.
A All right.
Q I don't see how we get there from here.
A So what you're saying is -
MS. MCDADE:  You just need to answer his question.
THE WITNESS:  Okay.  I was hoping to try and understand your question.
MS. MCDADE:  Then ask him to repeat it.
MR. TULL:  Sure.
THE WITNESS:  I guess I would say that '06 and '07 were just much better profitable years, the economy was better.  And in '08 and '09 things took a dive.
BY MR. TULL:
Q In '05, you had - well, you were working in '05?
A I was working at Graybar -
Q Right, you were working for Graybar.
A So I had a 60-some odd thousand dollar salary.
Q And you had a $12,000 loss in your business.  And then in '06 you had a $40,000 profit.  This is all Schedule C.  And in '07, you had a $38,000 profit so to speak.
A Okay.
Q I'm sorry, that was '07.  '06 was $39,000, '07 was $38,000, '08 was $39,000 and '09 was $34,000.  So I'm struggling to reconcile, at least in those years, how this being your sole source of income, you were able to pay household expenses in the $48,000 to $60,000 range.  So I guess my question is how does one do that? A One has a wife that doesn't work and one is probably making a bad decision on how much money to give her and was just simply giving her too much money.
Q How do you - the math doesn't work.
A Oh, I see what you're saying.
Q The math doesn't work.
A You dig a hole credit-wise.
Q So you were digging a -
A I was digging a hole.  I think I finally understood your question.
Q And where was that credit coming from?
A It was coming off those three credit lines.
Q All right, so let me just do a little math here.  I'm going to discount that first year, '05, because of your other income.  Well, that's - just taking the middle, $4500, which I saw in 2009 sometimes was $4000, $4500, sometimes it was $5000.  It varied a little bit.  But just taking that for the years 2006, 2007, 2008 and 2009, you were short $65,000 over the four-year period.  And that's only taking into account what was in the so-called Amy Fund, not any other - I don't know if that was all that was ever spent, you know, but that's -
A Well, I had my business expenses.
Q Right, but other than your business.  So -
A I have slowly dug a hole over the last three or four years that I can't get anybody to understand.  And I will dig out of it but I have dug a hole.
Q I do need to know, and I've got your 2009 statements for your business account, I didn't see, and I can't say that I would have necessarily been able to see where Dwight was being paid.
A Dwight is on each month - sometimes, I think some years I may have put him on each trip or paid trucking or something like that.
Q Yes.
A That's part of that.  I think some of them is "Paid Dwight."  
Q But I mean how did you physically pay him, though?  I mean I couldn't find the entries in these checking accounts that dealt with paying him.  But I mean, like I said, I'm not sure I could see it because some of the checks were very hard to read and things.
A Is that an insult to my writing or -
Q It is.  But trust me, I will join you.  She just asked me when I gave her a note, she said, "Is that a nine?"  Yeah, that's a nine.  
And I also didn't see on Line - well, wait a minute, I need to ask you a question.  So what is Dwight paid out of the 2000, I mean out of the -
A 532529 - he was paid out of that.  And that's all the account he was paid out of, just that one account.
Q That one account, okay.  I may ask you to actually help me with that just for a month or two.
Now, did you give him a 1099 at the end of the year, or a W-2 or anything like that?
A I think I may have - no, sir.
Q Because there's nothing on the Contract Labor line and there's nothing on the Employee line on Schedule C.
A But his numbers figured into my -
Q In your cost of sales?
A In my transportation costs.
Q So you put his expense in the car and truck expense; is that what you're saying?
A Well, if he delivered something for me and he went 200 miles then he got paid $80 or whatever 40 cents for 200, yeah, I guess that would be $80.
Q You paid for the fuel and you just paid him to drive?
A Yes, I paid for the fuel, I paid for the trucking.  The only thing I paid him for is to drive the truck.
Q How much would you estimate he was paid in 2009?
A I'd have to go back and look.  I don't have that number off the top of my head.  It's not a substantial - I guess it depends on what your definition of substantial is but it's not -
Q Do you think it's in the $20,000 range or -
A Oh, I'd say, 2009, and again, this is 2011, so I mean - I'd say, I don't know, mid-20's, high 20's, something like that.  But he is a cost of doing business.
Q Sure.  Well, I can tell you on Schedule C your total car and truck expense was $21,000; your total other expenses was $30,000.  There's nothing else on here other than depreciation that really becomes that, that rises to anywhere near that level.
A No, in those -
MS. MCDADE:  Can you let him look at that?
MR. TULL:  Sure.  Absolutely.
THE WITNESS:  What figure are you looking at here?
MR. TULL:  I'm looking down in the Expenses Section -
THE WITNESS:  Well, other expenses are also advertisement expenses.
MR. TULL:  Well, see, you've got - I can't find Dwight.  Here's your advertising expenses -
MS. MCDADE:  He's specifically asking where is the expense for Dwight on that -
THE WITNESS:  He's in this expense right here (indicating).
BY MR. TULL:
Q Okay, so where would the fuel be?
A That's in there, too.  That's transportation expenses.
Q So Dwight didn't make much money then.  I mean because I would think that the diesel fuel during 2009 would be $.40 a mile.  I don't know, I mean I'm just guessing.
A You and your client has my monthly dealings.  You all can look and it should say.
Q And I have looked at it and that's one reason why I'm struggling a little bit to understand.  But everybody was paid, mechanic, truck drivers -
A Well, the mechanic, in part, would technically, I guess, fall under the cost of the machinery.
Q It could.  It could.  I mean that certainly - but I'm saying everybody was paid out of the Famous account, the Burns account?
A The Famous account, yes.
Q The Famous account.  There's, I guess in July 19 of 2010, Regions reported to Judy Oxford three account numbers, checking account numbers:  5293, 4749 and 2621 and then the three loans.  Now, what were those other two accounts?  Do you want -
A Yeah, let me look at it.  What kind of makes this confusing is my three loan accounts that I had.  And I forget a specific date but Regions changed the loan account numbers.
Q Yeah, I know that's -
A And so I don't know if this is part of - I don't remember the old accounts but I've got, and I hope this answers your question, I've got three loan accounts, I've got my wire transfer account, and I've got the Famous Account and then Amy and I have a joint account.
Q A joint account, okay.  And that's the three accounts that are listed there?
A Yes.  And - the Famous account is one of them right here.  Is that the one you're - is that one of the three?
Q Yeah.
A This one right here is the joint account, this right here is the joint account for me and Amy(indicating), that right there is the wire transfer account (indicating) -
Q Okay.
A And there would be, I guess, and maybe that's the old numbers -
Q It's both of them; actually it's both of them there by way of new numbers.
A Okay, 7544.  Okay, that would be the three loan accounts.
Q Now, these are all checking accounts to which you have signing authority -
A Yes, yes.
Q - or signing ability, I guess.
A Yes.
Q Are there any accounts or other repositories of money, you know, money market accounts, brokerage firms, any other accounts where money would flow into and/or out of that you have access to or that are in your name?
A Yes and no.  I don't have any other - I've got a Vanguard, I don't know, it's like a 401(k) that I had with Graybar.  Now, it fluctuates - 
Q Sure.
A - because I've got some of - some of it is stock market.  It's not worth today what it was worth in '04 and '05, although it has come back a little.  So that's it.  But I can't get any money out of it because they hit me with a penalty.  
Q Right.
A And it's just not worth paying the penalty.
MS. MCDADE:  Can we make that an exhibit so everybody -
MR. TULL:  It does have all the account numbers on it so it's probably a good idea.  Let's just make this one page -
MS. MCDADE:  Just so we all know what we're doing.
THE WITNESS:  I thought you all had a copy of that, the Vanguard deal.
MR. TULL:  I think we may.  
(Document marked for identification as
T. Burns Exhibit 2.)
THE WITNESS:  Now, I have the accounts where I have the loans.  I don't know if that's part of the answer to your question.
MR. TULL:  They're on there, too.  Oh, oh, you mean the accounts for the loans -
THE WITNESS:  They're on there.
MR. TULL:  All right.
BY MR. TULL:
Q This is a report from a forensic accountant who looked at 2009, specifically -
A Uh-huh.
Q I'll call your attention to the first sentence, which says, "After the documents you brought me last month, I can say the only thing that is consistent about Mr. Burns' records is their inconsistency."  Talking about documents being inconsistent, contradictory and sometimes in error, which he has prepared some schedules on that.
One of the things that he and I both picked up on, and I truly don't understand how your accountant came to this conclusion, but on Schedule C -
A Uh-huh.
Q - every year that we have, the inventory is at zero.  Now that, to me, makes no sense whatsoever because, I mean you say you're pretty much in the line of credit all the time, up close to the max and possibly over for some of these other purchases, and so this would be as if everything was sold at the end of every year and you had no inventory.
A No, that would be incorrect.
Q And that's a significant omission on Schedule C.  Inventory is required at the end of each year whether you're using a cash or accrual system.  He noted and I noted it, too.
We also saw that your meal expense was combined with your other expenses when you were traveling, which is also in error, because you only can deduct half of meal expense.
A I don't think I ever turned my meals in.
Q Well, I think he saw it and -
A No, I don't think I ever turned my meals in.  When I turned traveling in, I turned in hotel rooms.  I doubt it very seriously that I turned meals in because normally I keep receipts on how much I spend every month eating out but I think I just throw all that in a lump sum.  I don't think meals are included in my traveling.  In fact, I would say they're not.
Q Okay.  Your monthly type reports don't agree with your operating expenses on Schedule C.  Your sales tax returns don't match Schedule C or the monthly reporting.
A Can I answer the unsold inventory deal?  Can I discuss that a little?
Q Sure, sure.
A What I do with my CPA every month, or every year when I meet with him, Jimmy Hughes in Columbia, I give him a list of everything I sold that year, what it cost, what it cost to fix it, what it cost to transport it, and then the total profit that's left over.
Q But do you give him everything you bought?
A You mean as far as the tractors and everything go?
Q Yes, the equipment.
A Huh-uh.
Q So, see that's where we're having trouble because we can't reconcile the purchases because there's no inventory, there's no ending inventory each year and that's why it's on there.
A Yeah, Amy would go with me, she's went with me a few times and we've sat down with Jimmy and I'd say - I'm just going to throw out some numbers - 
Q Sure.
A $2 million.  It cost me $1.75 million to buy the equipment, to purchase the equipment, it cost me this much to transport it, it cost me this much to fix it, then, of course, the traveling expenses and all that, and then I have a bottom line of this.  I don't know if that's the correct way to do it or not but that's -
Q That's all correct.  It's just that you don't have the inventory numbers.
A So what you're saying is I should have been reporting to him what's currently in inventory on December 31st?
Q Yes.
A Well, okay, that's not done.
Q In 2009, the deposits were $1,417,000 and change.
A Uh-huh.
Q Net of draws on underlying credit and transfers from other accounts.  This is well below your sales number of roughly $2.5 million.  Any ideas about that?
A Well, when you say - did you say deposits were $1.4 million?
Q When you take out the total deposits, take out the draws on the line of credit and the credits, you're washing out your financing activity from the deal.
A Uh-huh.
Q You show deposits of $1.417 million but yet your sales, depending on which place you look, were around $2.5 million.  So we have a shortfall in deposits of about a million dollars.
A There could have been some inventory left over at the end - I mean -
Q This is actually your sales, we're looking at your sales versus your deposits -
A Right.
Q - and trying to get to the number that would indicate - I mean we should get to a number that is very close to your sales if you take out your financing activities.  And that's not what happened, we're a million short in deposits to the Burns Tractor Account.  So that's a problem.
A I mean I don't know why that is.  I can't answer that.  I'd have to go back and redo the numbers to make sure he's correct, I'm assuming he is.
Q He's a pretty good guy.  I mean this guy actually does forensic work; he's not your average -
A So my sales for 2009 you say are $2.499; is that correct?
Q Okay, there's three numbers.  That's one of the problems.  We've on Schedule C $2,505,000; on your monthly report it's $2,496,000.
A Okay.
Q But then on your sales tax it's $2,316,000.
A Okay.
Q So - no, I'm sorry, the backup in sales tax returns and then the sales tax returns is $2,500,000 again.  So that's what he's talking about these discrepancies.  Does your accountant do your sales tax return?
A Yes.  Well, there is no sales tax on a lot of this stuff.  On a lot of your machinery - most of my stuff is done wholesale and, of course, wholesale to wholesale there's no sales tax -
Q That would be correct.
A And there's not a lot of sales tax on farm machinery.
Q Interesting.  Well, but you're still listing your sales, I think you would list your exempt sales further down on the return.  I haven't looked at a sales tax return in a long time but anyway we still have this problem with deposits and that is something I will leave for you to look into, I guess.
A And this is on 2009?
Q It's 2009.  Let's see, he also found 2009 many of the - okay, I think that's - I don't know if I agree with that.  Go over to Page 3.  This is scheduled purchases without known sales.  So these are all things that he found purchases for and if you notice, there were some in February, March, April, May, June, and we both noticed that your inventory turns quite quickly, for the most part.  I mean sure some things don't turn as fast as you want them to but - so a total of $384,000 worth of purchases could not be traced to a sale.  
Now, going to December you wouldn't expect necessarily but that's a very small percentage of the total.
Do you want to comment on that or do you just want to digest it?
A I don't have to digest it, I can comment on it.
Q Okay.
A Everything that I buy, should have been sold and be reported on the files.
Q Well, let's flip over to Page 4.  These are scheduled purchases without identified payments.  He could not find the payments.  This is $383,000 for these.  So we have purchases without sales and payments without deposits that could be identified.
A I don't know how this could be.  I'm trying to think if I sell something at an auction but even if I sell it at an auction and buy something at an auction there's going to be a list of where I bought it and paid so much for it.
Q If you go to an auction and you buy one tractor for $10,000 and you sell one tractor for $10,000, do you - is there any -
A There's no checks blocked out.
Q No checks blocked.
A And if you buy three tractors that are $40,000 and sell some, however many, for $60,000, then you get a $20,000 check.
Q Okay.  We may have to ask you to help us identify some of these transactions.
A Now, this MX200, I can look at some of this stuff.  I mean I'm not hiding anything here, guys.  This McCormick MX200, I sold that to a gentleman in Texas.  There should be somewhere in '09 a sales showing - I know there's a sale for that tractor in '09 where I wrote it down, bought it for this much, sold it for this much.  I know it's there.  
MS. MCDADE:  Let's go off the record.
(Off record discussion)
MR. TULL:  Back on the record.
BY MR. TULL:
Q Going back to other issues down at the bottom, there are transfers and an indication of two additional Regions Accounts, one of which could be Amy's, I don't know, and an unknown account at Wachovia Bank that he picked up on.  And also there were several check card purchases at Regions Bank in Athens, Alabama, in round dollars a thousand or more.  I'm just going to let you kind of digest that.  I think your counsel has given you great advice in just getting with your accountant -
A I'll be glad to answer it.
Q Huh?
A I want to answer it.  I don't have anything to hide.  The 2621 is the wire transfer account; the 4749 is the joint account that Amy and I share namewise, I don't have anything to do with it these days; of course, the Famous Account, 5293; the check card purchases at Regions Bank in Athens, I mean round dollars usually more than $1000 or more, I mean - Dwight has a debit card that he purchases fuel on the road with.  That's probably what that is.
What else here would you like me to answer?  I'm not hiding anything.
Q What about a Wachovia Bank Account?
A I have no clue what that is.  
Q Okay.
A I have dealt with Wachovia in the past; it may be an old account that maybe was a loan account at sometime but I do not have a checking account or any type of account with Wachovia Bank that I run money through.
Q How about since 2005?
A I don't know if I had a loan with them.  I was thinking that Wachovia Account might -
MS. MCDADE:  Wait a minute.  If you don't know - you're under oath here.  If you don't know, you say you don't know and you'll provide the information.
THE WITNESS:  I'm thinking it was a Dodge I had my loan for.  I can't give you a 100 percent answer on the Wachovia.  All I can tell you is I have no relationship with them today.
BY MR. TULL:
Q And we'll need to know whether that goes back to 2005 or not.  I'm also going to give you, and I think the same holds true, this is a list of discrepancies detected in 2009.  And we'll make both of these exhibits, if that's okay with you.
MS. MCDADE:  Sure.  So you're going to make the letter Exhibit 3 and then the discrepancies No. 4.
(Letter marked for identification as
T. Burns Exhibit 3.)
(Discrepancies marked for identification
as T. Burns Exhibit 4.)
THE WITNESS:  The 650 Trail Buck I bought from HMTC, a dealership in Albertville, Alabama.  There's a check on that.  And it says, "No record of purchase found."  I paid HMTC for that.  They give me 30-day terms and I paid them for it.  I actually wound up losing money on that item.  
The sum of $55,000 - I don't know that one.  The 6610 and the ASV was bought at an auction company.
BY MR. TULL:
Q We'll just ask that you maybe find them in the bank records or something like that.
A So you want what I paid for them or what I sold them or both?
Q Whatever it takes to indicate that the transaction is there and you just missed it.
A Okay, fine with me.
Q This is a matrix of things for 2009 that if they're in red the document is missing, if they're in green the document was provided.  So we'll make that - and the fact that there's a lot of documents missing could be part of -
A Deposit slips, is that what you're saying are missing?  Is that correct?
Q All of those things that are marked in red, and that's by month for 2009.
A I haven't provided any deposit slips for anybody.
Q Yeah, and I'm thinking that's -
A I have the bank statements on 2621 I have provided; 5293 I have provided; I provided them canceled checks, I provided them bank statements.  4749 - is this red?  I'm half color blind?
MS. MCDADE:  Yes, it's red.
THE WITNESS:  Okay.
MS. MCDADE:  What are the green ones?
MR. TULL:  That they were provided.
THE WITNESS:  So the red was not provided?
MR. TULL:  Right.
THE WITNESS:  The 4749 bank statements and canceled checks were provided.  That's Amy's and my joint account.
MS. MCDADE:  Let's mark that as the next exhibit.
(Document marked for identification as
T. Burns Exhibit 5.)
BY MR. TULL:
Q I have pulled eBay, your eBay Tractors For Sale, I guess, this weekend.
A Uh-huh.
Q I totaled up the price as $334,000 on eBay alone.  On the same day, I don't know how many of these are duplicates, but I mean do you have a handle on what you've got, like for sale right now?  I mean like how much you have outstanding?
A Pretty much, pretty much.  I think everything I've got for sale on eBay and Tractor House, they should match up.  
Q So everything you've got for sale right now you think is on eBay, at least?
A And Tractor House, yes.
Q I mean do you think there's anything significant that's missing?
A I don't think so.  I mean I may have forgot to swap one over or whatever.
Q Okay.
A But I will explain to you on the eBay thing, if you'd like me to, if it's a 30-day item or on terms or not paid for, if you'd like for me to do that.
Q I'll tell you what you can do, if you'd like.  You can just, maybe you could do that for us for another day and send it to us.  I don't think -
A It will take me five seconds to do it.  I know what I owe and what I don't.  The John Deere 7410 -
MS. MCDADE:  Well, let's state for the record what you're referring to here.  What you're referring to is an eBay statement -
MR. TULL:  That's actually a printout I made.
MS. MCDADE:  - a printout of your eBay account.  I don't see a date on it here.
THE WITNESS:  That's pretty recent; that's pretty recent.
MS. MCDADE:  I just want to make that an exhibit, too, if you're going to testify about it.
THE WITNESS:  I'm testifying.  Are you ready for my answer?
MR. TULL:  Yes, I'm sorry.  Go ahead, please.
THE WITNESS:  That's fine.
MR. TULL:  If you would, mark it up for us.  Whatever kind of code you want to use.
THE WITNESS:  The 7410 CAT 4-wheel drive is an inventory item that I have.  I sold that piece of machinery to Paul Bader (phonetic), which is a John Deere Dealer in Michigan.  He did not like it so I bought it back from him; I actually took that item back.  So that is an inventory item that I do have a check for.  I have not sold it actually.
The JX95 actually is a tractor that Byron Wacker out of - he's the buyer for Titan Machinery in Minnesota and he purchased this tractor with his money and he sent it down here for us to recondition the tractor, for Grant to recondition it, and I told him I would sell it and we would split the profit on it.  But I don't have any money in that JX95.
The R644 still actually belongs to Scott Equipment in Faraday, Louisiana, Tim Harris.  They give me 60 days on this tractor and 60-day terms on it and said I've got 60 days to sell it or cut them a check.  So I have not cut them a check yet but it's for sale. 
I'm trying to explain this to you because that might explain some of this other stuff.
MR. TULL:  That may do it.
THE WITNESS:  The Puma 140 Tractor with a loader - let's see.  Okay, I told you wrong.  The Puma 140 Tractor with a loader is the one Scott Equipment - that one is for $89,000.  That's the one that they give me 60-day terms on that I have not paid them for it yet.
The R3644, I bought off of S&H Farm Supply here about three weeks ago.  I just mailed them a check the other day.  It probably hasn't even hit my bank account yet.
The 7410 with a loader come from Weeks Auction Company in Ocala, Florida.  It was on 30 days.  I have not paid them a check for that yet.  And that may answer some more of this.  This 7410, when I go to an auction company and I but - I cut a check for $100,000, that might be for three tractors but the check ain't going to say three different tractors.  It's going to say from my account.  
Maybe that explains why some of this they show -
MR. TULL:  It may very well.
THE WITNESS:  So the 7410 has not been paid for.  The Field Best Pro (phonetic), I've paid for it, it's mine.  
6300 come from Weeks Auction Company, I've had it two months.  I have paid them for it yet but there will not be a check that says 6300 for a certain amount of money because it all went into one account and it's under that account.
Does that make sense?
BY MR. TULL:
Q You lost me on that one.
A The 6300 I bought from Weeks Auction Company in Ocala, Florida.  I bought it that day with four or five other tractors.
Q Okay.
A And I think I spent $160,000 or something like that that day.  That was part of that.  So when my 30 days are up, I mail them a check for $160,000.  But the check ain't going to have on there, you know, specifically 6300.
The M5400, actually, that's Grant's tractor.  I put that on eBay for him to sell.  
The 7220 - boy, you just did print this off because I just got this tractor in the other day.  The 7220 was a trade-in.  I sold the guy a 7130 John Deere.  He's up in Carthage, he's a tobacco farmer up in Carthage and the 7220 was a trade-in.  And there will not be a check for that because I sold him a 7130.  There will be a bill of sale and on the bill of sale it will say sold a 7130, a value of such and such, customer trade-in 7220, value of such and such, customer paid such and such.
So, technically, there's not going to be a check where I paid for a 7220 but there will be a bill of sale.  Does that make sense to you?
Q Yeah, sure.  
MS. MCDADE:  We'll make this the next-numbered exhibit there so we all can keep track of what we're trying to -
(Document marked for identification as
T. Burns Exhibit 6.)
THE WITNESS:  It is a confusing business, that's right.
MR. TULL:  That's why we're here.
THE WITNESS:  You know.
MR. TULL:  I mean I can understand business pretty good but it's, it is a little out there.
BY MR. TULL:
Q This 1988 Marathon Cabin Cruiser -
A Uh-huh.
Q - is that something you bought to sell or is that something you owned and then decided to sell or -
A That is a $7000 boat.  I owned that boat 10 years ago and I sold it to a friend of mine by the name of Jason Self.  Jason kept it for, I don't know, seven or eight years, whatever the years may be.  He called me up and he said, "Burns," he said, " I want to sell this and I can't get anybody to sell it."  I said, "Well, I'll buy it.  I'll flip it and sell it in the springtime."  It's not for sale yet but I have not been out on the boat one time.  I had it at a dock and my family went out there and we worked on it and cleaned it up one afternoon but I have not been out on the boat one time since I've had it back.
Q So you're saying you bought it, basically, in the winter to sell it in the spring.
A Yeah, I'm not for sure it was a good deal but it will make money.  I mean it will sell.  I probably need to get it up for sale because it's -
Q It's actually on eBay.
A That was one that - I put it on there when I first got it.  That eBay listing should have been back, I don't know, September or October.
Q It is, it is.
A But it's not for sale right now.  I haven't put it back on there.  I had a bunch of phone calls about it.
THE WITNESS:  Can I use the restroom?
MR. TULL:  You sure can.
MS. MCDADE:  Yes, let's take a break.
(Brief recess observed)
THE WITNESS:  Can I just ask you a question, please?
MR. TULL:  Yes.
THE WITNESS:  Like right here (indicating), you want me to show you the check where I paid Mr. Williams for the baler; is that correct?
MR. TULL:  Let's see.  Schedule of Purchase without identifying payment.  He wants the deposit - no, you're right, the check.  That would be a check.
THE WITNESS:  So provide you with the check where I bought this from Mr. Williams?
MR. TULL:  Or whatever else it may be, you know.  Like you said, it may be homogenized in with some other stuff so -
THE WITNESS:  Provide check.  Okay.  And then the other one - is there another one?
BY MR. TULL:
Q Yeah, there are two of them.  It kind of goes both ways.
A Now, this one, what do you want me to provide you with?
Q I'll have to look at it and see which way it's going.  Schedule of purchases without known sale.  So we want to see where -
A The item was sold?
Q Yes, you want to see where the money - show us the money.  That's basically what that one is about.
A That's what all of this is about, you know.
Q That's what that one is about anyway.  
Do you remember or do you admit or deny that in May of 2009 you said to Amy, "I'll kill you before I pay you a dime.  The new way is joint custody; I owe you nothing.  I'll smile every day when you have to work.  You're such a mooch."  Do you remember saying something like that?
A Yes.
Q The next month do you remember saying, "I'll kill you before I give you any money?"
A I don't remember saying, "I'll kill you."  I don't remember saying that, no.
Q In response to Amy saying, "I told him I can say whatever I want to, he told me, 'No, you can't.'  Again, I said, 'Yes, I can.' And he said, 'Oh, yeah, I want to kill you.  If I knew I wouldn't go to jail, I would so love to kill you.'"  Did you say, "I'd like to take my fist and shove it through the back of your skull?"  And by the way, Ava was present and said, "Daddy, don't kill Mom, don't kill my mommy."  Do you remember that conversation in December of '09?
A I don't remember saying the skull part.  I don't remember saying that.  I do remember saying a couple of the other things, yes.  But the skull part I don't remember.
Q Well, I guess to say tumultuous might be a little understated.  How about July 24, 2010, did you make reference that you had money hidden in multiple places and that she'll never find it and, if she does, that you would -
A Yes, sir, I did say that, that I had money hidden in multiple places.  I didn't let you finish your question, go ahead.  Finish your question; I cut into you.
Q That you had money hidden everywhere and that you'd kill her and, I believe, urinate on her grave.
A I don't recall the urinate on her grave thing but I did say -
MS. BURNS:  Piss on your goddamn grave.
THE WITNESS:  I did say I had money hidden everywhere.  So, yeah, I do remember that.
BY MR. TULL:
Q And why did you say you had money hidden everywhere?  That's a little -
A Yeah, that was a - I think that was a bad judgment call on my part to use those terms.  Obviously, I didn't.  I don't know why - Amy always thought I had a lot of money.  She's always thought I had a lot of money.  And I had, when I first met her, I had a little money.  More than I've got now.  But to answer your question, I shouldn't have made that statement about the money.
Q And we're not talking about - I'll do that after we're done and off the record.
(Off record discussion between Mr. Tull 
and Mrs. Burns)
BY MR. TULL:
Q And I'm going to suggest that you probably speak with your attorney before answering this question, well not the preamble, but once we get into it.  Do you remember the incident at the dance studio where the police were called and -
A Yes, yes.
Q And a recording was made that day.
A Yes.
Q Did you make the recording?
A Yes, sir, I sure did.
Q And when was that recording given to the District Attorney or how did it get to the District Attorney?
A The District Attorney called up, and I don't know a specific date or how many days and all that, but it was like, I don't know, a couple weeks after that.  The District Attorney called me - actually, they called my mom and wanted a copy.  My mom didn't have a copy; I had the copy.  And they called me and I asked them, well, long story short, they requested a copy and I gave them a copy.
Q Sure, okay.  The District Attorney's Office did?
A Yes; yes, sir, they sure did.
Q And let me ask you this.  Did you ever listen to that recording all the way to the end?  It's 35 minutes long or something like that?
A You know, I probably don't remember every word of the recording, every sentence that was made.
Q Oh, I wouldn't expect you to.
A But, yeah, that tape was, yeah, that tape, I listened to it.
Q Did you notice at the very end of the recording that the - I mean I guess you were there because you were making the recording.  You had to be close.  The Spring Hill Police Officer said to your mother to show him exactly what Amy did to her.  
A Right.
Q And then he said, "No, I mean do it to me."  And she did.  And the Spring Hill Police Officer said, "That's not assault."  Do you recall that?
A I don't remember that.  In fact, I remember my mom saying, "Let me show you."  And the Spring Hill Police Officer saying - I guess she did show him but I don't remember him saying, "That's not assault."
Q Well, it is on there.
A Excuse me, sir?
Q It is on there.
A Okay.
Q Now, this is the question that you may want to talk to your attorney about.  Did you or anybody else, to your knowledge, alter that recording in any way?
A I, in no way, altered that recording in any way.  Didn't touch it.  That recording was made - I don't need to talk to my attorney.  That recording was not altered.  That is 100 percent the way it happened.
Q And the recording was in your possession the entire time?  I mean -
A Until the DA got it, yes, sir.
Q Till the DA got it?
A Yes, sir.
Q Okay.  
MR. TULL:  Let me see your questions.
MS. MCDADE:  Let me talk to him a minute while you all are looking.
(Brief recess observed)
MR. TULL:  Back on the record.
BY MR. TULL:
Q Did you ever say you filed for divorce just to get Amy's posterior in line?
A I probably did say that.  And I probably said I filed for divorce for many reasons.  So, yeah, I'm sure that's part of several reasons I filed for a divorce.
MR. TULL:  I think that's probably -
MRS. BURNS:  Can I talk to you?
MR. TULL:  Okay, let's take a break.
(Brief recess observed)
MR. TULL:  Back on the record.
BY MR. TULL: 
Q In your Answers to the Interrogatories - I have a very hard time with that word.
MS. MCDADE:  Let me find him - which one are you talking about?
MR. TULL:  I'm not talking about any one in particular right now.
MS. MCDADE:  Okay.
BY MR. TULL:
Q I noticed throughout this, there's never any talk, when you're talking about separate property, marital property and that kind of stuff, there's never any talk about the business.  And her marital interest in the business, do you believe she has no marital interest in the business?  Is that your belief?
A Yes, sir, I believe she has no marital interest in the business.
Q Okay.  And you all have been married for how long?
A Seven years this May 7th but we lived together for five years.  She moved out in July of 2009.
Q What prompted her to move out?
A That's a question you need to ask your client, sir.
MS. MCDADE:  Do you know why she moved out?  What's your understanding of why she moved out?
THE WITNESS:  She told me she felt unsafe, we wasn't getting along - the day she - I went out of town to an auction and her mom was coming to town.  So, normally, when her mom would come into town I'd go to an auction and it would kind of give them some time to bond and do their thing.  So she called me while I was on the road and said, "I’m moving out.  You and I need a break."  I said, "Wow, okay."  And she says, "My mom says maybe we need some time away from each other so you'll appreciate me more and I'll appreciate you more."  And I said, "Well, maybe Mom's right; I don't know."  But that's what happened.
BY MR. TULL:
Q And then after that how long was it before you filed for divorce?
A Well, she moved out in July of '09 and I filed, I don't know, probably mid-September of '09.
Q The house that you owned prior to the marriage, do you believe she has no marital interest in that house?
A I would say our opinions vary on what she has in marital interest in that house.  Would you like for me to explain?
Q Sure, please, please.
A I've lived in that house since '95, okay?
Q Uh-huh.
A She moved in with me.  Ninety percent or higher of the upgrades that were done to that house was paid out of Burns Farm Equipment, which is part of the hole I'm in today, trying to climb out of.  Every house payment that was made while she was in that house was paid for by Burns Farm Equipment and Graybar Electric.  The grocery bills, the electric bills, everything was paid by me.  So I don't know how the law looks at that and, of course, I've got to go by how the law looks at it.  It's not - my opinion doesn't matter.
Q Nor does mine.
A Yeah.  But she had a free ride for five years.
Q Did Amy sell her house and put the proceeds into the marriage or into the house?
A Amy sold her house.  She got $10,000 in equity out of her house.  With that $10,000, I never saw a dime in this house.  And I ask you and your client to produce receipts of money she spent on that house.  You're not going to find them.  She didn't.  She wasn't working at the time; she didn't have a job.
Q So it's your testimony that she kept the $10,000 and did not comingle it in any way -
A I did not get a penny out of that, sir.  She may have taken me to dinner at Outback Steakhouse and paid for it some out of that, I don't know, but no, sir.
Q The things that you two acquired during the marriage, whatever they may have or whatever that's determined to be, do you feel that that's marital property?
A Well, we really didn't acquire that much during the marriage.  I mean -
Q Let's say you acquired -
A Give me something we acquired.
(Off record discussion with
Mrs. Burns)
BY MR. TULL:
Q Your Excursion, RTV, whatever.  Just stuff like that.  Just things you acquired during the course of -
A You know, I don't know.  I’m trying to be fair here.  I guess all those things that you speak of was paid for by Burns Farm Equipment.  That's the only way I can answer your question.
Q Okay, that's fine.
A They were not worked for and paid for by Amy.
Q Well, I will leave that to your attorney to help you understand.
A I know the law doesn't look at everything that way but you asked me my opinion and that's what I'm giving you.
Q Absolutely.  In your Interrogatories, I believe that you answered "No" to having had sexual contact during the marriage with someone other than your wife.  And you've now reversed that position; is that correct?
A When was it in the Interrogatories?
Q I don't know whether I can find it.  I can tell you it's in every one of them.  "Have you had any sexual relations and/or intimate physical contact, to include sensual kissing and/or touching, fondling of genitals or sex with any person other than your spouse since the date of your marriage?  If the answer is yes, please state each person's name, address and phone number."  And it goes on for another paragraph, and the response was "No."
A When was the Interrogatory done, Mr. Tull?
Q That is a great question.  Answers, okay, it looks like the 4th day of February 2010 was the date they were answered.
A Well, that would have been around the time that me and Rachel were getting to know each other.  So I mean I really can't say if that's an accurate answer at that point or not.
Q "List every occasion since your marriage to Amy Louise Burns on which you have had a social date, kept company with or spent the night with a person other than Amy Louise Burns and for each occasion give the name and address of the person, and the time and date."  That would be none.
A You're asking a question, is that right?
Q I'm telling you that, basically, was the question.
A Do you want me to answer?
Q I'm asking you whether you are standing by your testimony of "None," or whether you are saying that that was incorrect?
A At that point I don't know if that was -
Q Have you had a social date, kept company with -
A Well, I guess - I don't know how you would categorize that.  I mean -
Q This was after you rented the house.
A That is such a tight timeline.  If I answered it that way then it's true.  Obviously, since then it's not true.  But if I answered it that way, it's true.
Q I’m going to encourage you to go through your interrogatories again because these are continuing interrogatories, which means that they are to be updated as situations change.
A That's true; that's a good point.  That's right.
Q So I'm going to suggest that you go through them again and see if anything needs to be altered.  And maybe you might want to speak with your Counsel about marital property in the process.  Just a suggestion.
Did you take Rachel Rowland to Florida?
A Yes, I did.
Q On how many occasions?
A One time.  That would have been, I don't know, mid-, late February of 2010.
Q February of 2010.  Did you pay the lease out of Burns?
A Probably - yes.  I paid everything out of there.
Q Are you currently paying or have you been paying the attorney out of Burns Farm or -
A Well, since I get such a good discount - to answer your question, yes, I pay her out of that.  Yes.
Q And your prior attorneys?
A Yes.
Q And tickets and that kind of stuff?
A Yes.
Q You kind of summed it up when you said "everything."
A Yes.
Q Did you complete the anger management from a previous court order, the class?
A I didn't realize I had a court order to complete anger management.  But to answer your question, no, sir, I didn't.
Q We'll try to find that for you.
MS. BURNS:  It was January 2010 until April 2010, until the mediation.
THE WITNESS:  I didn't know I was required to complete one, still don't today.
MR. TULL:  Here's one for you, Pat.  Have you ever heard of dropping a protection order just so they can do a mediation?  There's no need to do that.
MS. MCDADE:  No.  Of course, I wasn't involved in it so -
MR. TULL:  Yeah, but I mean I just -
MS. BURNS:  It's part of the mediation agreement.
MR. TULL:  It's just crazy.
BY MR. TULL:
Q This last question I really don't want to ask but I feel like I need to.  Were you, in any way, shape, form or fashion, abused as a child?
A No.  I know your client thinks that but, no, sir, I was not.
Q There's no DCS reporting that you're aware of -
A No, sir.
Q - or anything of that nature?
A No, sir.  My parents have never been charged with anything of that sort.  And that is -
Q Or any other person, not just your parents?
A No, sir; no, sir.
MR. TULL:  Okay, that's it.
MS. MCDADE:  Okay.
FURTHER DEPONENT SAITH NOT.




REPORTER'S CERTIFICATE
STATE OF TENNESSEE,
COUNTY OF MAURY, to-wit:
I, Ann Woofter, Certified Court Reporter licensed by the State of Tennessee, hereby certify that I took down and transcribed the foregoing transcript of the deposition of TROY BURNS taken on the 6th day of June 2011 at the Law Offices of Timothy Tull, Esquire, in Spring Hill, Tennessee.
I further certify that I am not related by blood or marriage to either of the parties to this action and that I have no interest in the outcome of said cause.
Given under my hand this 9th day of July 2012.   


_____________________________________
Ann Woofter, Certified Court Reporter
TN Board of Court Reporting Lic. #290
Notary Public, State of Tennessee
My commission expires May 20, 2014