Legal Question in Business Law in Texas

Closing A Business

Business partners are splitting equipment -- how should this be documented? Taxes are still owed for 2006 and now some of 07. How should this be documented? Can IRS demand the entire payments from one individual if the other does not pay?


Asked on 4/28/07, 6:27 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Closing A Business

Partners in a business are jointly and severally liable. The IRS and other creditors can go after all the partners and get the one with the deepest pockets.

Dissolving a partnership requires that the debts be paid first when the assets are liquidated, then the partners share the debt if the assets won't cover. If there's a surplus, that's divided between the partners.

Grabbing assets before the creditors are paid may be considered a transfer to defraud creditors, and nail the partner for the value of the transferred assets, court costs, interest, and attorney fees.

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Answered on 4/28/07, 1:07 pm


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