Legal Question in Business Law in New York
BACKGROUND:
I am the President of two corporations..one is in bankruptcy while the other has been dissolved for 5 years..I am in an "Alter Ego" battle with the IRS who alleges the BK Corporation is liable for the 940 and 941 of the dissolved Corp. They are requesting in discovery "all documents in the possession or control of the debtor corporation..." further down they request documents pertaining to the dissolved corporation which are in "the
possession or control of the debtor Corp"
QUESTION:
What documents must a one corporation keep on another unrelated corporation? The dissolved Corp was a tenet of the Debtor Corp with a lease for the property and FF&E and had no assets when dissolved.
1 Answer from Attorneys
IRS is one entity which cares not for any of the real world scenarios shielding the corporation in the legal or financial arena. If they claim money owed, they will follow you to the end of the world to collect and expense is not an issue. I suggest you contact a tax attorney immediately to put this matter to bed sooner than later; your legal expenses will otherwise creep up exponentially.
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