Legal Question in Business Law in New York

partner owes half tax bill

partners in business-my husband did mechanical end -his partner did the accounting. I found notices from the tax dept-partner explained it was a error he was correcting 1996. turns out he ws not paying the taxes96,97,98 .in 2000/01 the tax man got in touch with my husband after not getting anwhere with his partner.We have a home ,his partner had nothing in his name. my husband tried to make payments , than took a mtg. to pay it. in 2001.his partner said he would pay half when the home in his fathers name but belonging the partners, was sold .he sold 2005/06 ? but would not keep appoints with my husband to settle up.

.husband pass awy 12/07 -partner came to my home in 3/08 was to bring his records -showed with nothing -said he payed 26,000 &had to show records when he purchased his new home in his name ,would find & return. since than the partner does not answer phone or return calls.

is this too long a time for the law to go after his promise to pay ? what type of lawyer would i need ?

was told after the funeral the partners is telling people my husband owes him a lot of money-of course this is a lye -what can i do legally?


Asked on 8/24/08, 4:04 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: partner owes half tax bill

I was right: the answer to your question is that you need to talk with a business lawyer who knows NY partnership law and NY and federal debt collection law and how these two areas interact. The first question that the lawyer is likely to ask you is "What's in writing?" Specifically, we'll be looking for any contract or cocktail napkin writing between your husband and Partner that obligates Partner to pay Husband back for half the taxes. If you can find such a writing, get it out and have it handy when you go to talk to your lawyer. Also, if your husband's records show Partner's social security number anywhere, that would be enormously handy for your lawyer to have, since with that wages can be garnished to pay you back for the back taxes.

Find a lawyer now. Statutes of limitations are indeed short.

You should find someone who is geographically close to you; check with the NYS Bar Association (www.nysba.org) or your county's local bar association for a referral.

Good luck with it.

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Answered on 8/25/08, 12:30 am


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