Legal Question in Business Law in California

Son Suing Parents over Retail Biz Profits

k1 paid son, suing for one third profit and our seed money after not fullfilling 5 yr verbal vesting agreement, he quits after 2. How will judge view employee tesitimony favoring us vs. his k1 profit sharing set. He quit before being vested. I do not want to sue my tax guy for recommending k1 set up. thanks


Asked on 4/21/07, 2:30 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Son Suing Parents over Retail Biz Profits

Aha, this is a somewhat clearer statement of your question, received and answered by me already.

I don't think I need to change anything in my previous two answers, but I do, once again, have additional thoughts on the case.

If the son is a 33-1/3% stockholder, which he seems to be claiming and which a court may well decide he is, he still cannot sue for 1/3 of the profit - all he is entitled to is his share of any dividends or similar pro-rata distributions made to the other stockholders. Many profitable small companies don't pay all, or even most, of their profits as dividends. Further, there are innumerable other ways, most of them legal, to keep down the money due to an unwelcome minority stockholder.

Further, stockholders are rarely entitled to a refund of their investment or "seed money" as you call it. They have made an equity investment, not a loan, and do not ordinarily have any right to demand to be bought out.

Read more
Answered on 4/21/07, 4:06 pm


Related Questions & Answers

More Business Law questions and answers in California