Reference no: EM131033829
ASSIGNMENT
PART A: Chip North is a 22-year-old racing enthusiast who went to a car race at Trona International Speedway. North was excited because he had obtained a seat close to the track near the finish line. North's ticket came with five others in a sealed envelope that was imprinted in a large font with the following: "WARNING!Your seating for this event is in a very DANGEROUS AREA. Debris and fluids from race cars may be ejected or sprayed from the race surface into your seating area in the event of a crash or malfunction of a race vehicle. Please ask to change your seating if you do not desire to ASSUME THE RISK OF SERIOUS INJURY."
The envelope is opened by North's younger brother, who does not pay any attention to the envelope and discards it after removing the tickets. During the race a car crashes into the wall in front of North's seat and sprays him with burning gasoline, causing severe injuries.
North sues Trona Speedway for negligence for subjecting him to a known danger by seating him and others so close to the racetrack. Trona Speedway denies any liability based upon the warning on the envelope and the known risk that spectators take when attending a race. At trial, which side should prevail?
PART B: Ned West was the sole shareholder and president of Westward Co., a corporation that ran truck stops along interstate highways. The corporation did not have its own bank accounts. All business was conducted through West's personal account. All supplies, payroll, debts, and purchases were handled through this one checking account. West also paid all of his personal expenses out of this account. All receipts from the truck stops were deposited into the same account. While the corporation was in business, no directors meetings were ever held. All decisions for the corporation were made solely by West.
For a four-year period, Westward Co. accumulated $187,455 in federal tax liabilities. The government is now seeking to collect the overdue tax payments directly from West. West argues that the government is ignoring his corporate entity. Can the government pierce the corporate veil in this case and force West to incur personal liability for the taxes owed by Westward Co.?
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