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Old 04-13-2005, 05:16 PM
Frederick Jorden
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Default Re: S Corp- Disruptive co-owner

thetaxdon wrote:

- quote -

> My new client inherited 50% ownership in her deceased
> husband's S-corp. The other 50% owner is acting like an
> idiot. He won't pay legal fees for a repossession and
> resale of the business assets, and has not filed an 1120S
> yet. He seems to be the one in control and has done the tax
> filing in the past. This is a very simple S-copr with the
> only income being payment on two installment loans. These
> loans came from the sale of the previous business operation.
> The payments are deposited directly in a bank which splits
> the amount and sends each owner their half. I know what the
> income passthrough will be when the return is filed, so I am
> not concerned about filing an accurate return in the event
> he never files.
> Question: Is there a way she can extract herself from this
> S-Corp and have the note maker send her payment directly to
> her?


There should have been a buy sell agreement when the sub s
was formed. The only recourse now is to hire a lawyer.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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Old 04-12-2005, 07:57 PM
Stuart A. Bronstein
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Default Re: S Corp- Disruptive co-owner

"thetaxdon" <thetaxdon[at]yahoo.com> wrote:

- quote -

> My new client inherited 50% ownership in her deceased
> husband's S-corp. The other 50% owner is acting like an
> idiot. He won't pay legal fees for a repossession and
> resale of the business assets, and has not filed an 1120S
> yet. He seems to be the one in control and has done the tax
> filing in the past.
> Question: Is there a way she can extract herself from this
> S-Corp and have the note maker send her payment directly to
> her?


This is a legal question, not a tax question.

The answer is, yes, she can probably extract herself from
the corporation. Depending on the laws of the state where
she is located, she can sue for partition of the
corporation. Check with a local business lawyer for more
details.

Stu

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Old 04-11-2005, 08:30 PM
thetaxdon
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Posts: n/a
Default S Corp- Disruptive co-owner

My new client inherited 50% ownership in her deceased
husband's S-corp. The other 50% owner is acting like an
idiot. He won't pay legal fees for a repossession and
resale of the business assets, and has not filed an 1120S
yet. He seems to be the one in control and has done the tax
filing in the past. This is a very simple S-copr with the
only income being payment on two installment loans. These
loans came from the sale of the previous business operation.
The payments are deposited directly in a bank which splits
the amount and sends each owner their half. I know what the
income passthrough will be when the return is filed, so I am
not concerned about filing an accurate return in the event
he never files.

Question: Is there a way she can extract herself from this
S-Corp and have the note maker send her payment directly to
her?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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coowner, corp, disruptive
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