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
1 Answer from Attorneys
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.
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Son suing parents over profits of retail store son paid by k1. verbal agreement to... Asked 4/21/07, 12:08 pm in United States California Business Law