Legal Question in Business Law in South Carolina

LLC partner responsibilities
I had a company with a partner that was an LLC, he basically walked out of the business leaving me with all the debts. I just received a bill from the IRS for payroll taxes from the year 2002. I am assuming my ex partner had them sent to me for payment. Is he legally responsible to pay half of these taxes and how can I ensure the fact that he will and the IRS will not come after me for the full amount? Can this be pursued in Magistrate court?

Asked on 11/09/04, 6:55 pm

Otto Ferrene, jr. Ferrene & Associates, PA

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Re: LLC partner responsibilities

There are a number of questions to be answered before any real guidance can be given.

What did your operating agreeemnt say as to payroll and deposit responsibilities?

What were you responsible for in the day to day business activities?

Who was responsibile for making up the payroll checks?

Were you equal members?

What kind of business is it?

What was your title in the business; what was your other member's title?

Are you aware that failure to pay money withheld from a persons wages can be prosecuted as a breach of trust, a crime?

Does your other member have any assets to attack to pay his share?

In short, you need to seek legal advice from an attorney. He will then put you in the right direction.

Answered on 11/10/04, 8:09 am

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