Corporate Law Corporate Funds withheld from investor

  • Thread Starter The Screwed over investor
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The Screwed over investor

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About 5 years ago, I invested in a nightckub/restaurant. Very profitable, but one by I one the initial investors started to be bought out by a small group of investors (who also happens to be related as it turns out). Classic closely held corporate freeze out.

Problem: About two years ago, I was the last initial investor left, besides the group that was doing the freeze out. Having some legal training, I understood fully what was going on and planned on a divivitive suit, movement for Corp disillusionment, etc. Based on fact that, in an effort to pressure me out, they simply stopped my monthly disbursements.

Issue: despite not receiving my disbursements, over the last two years these clowns filed fraudulent 1099s stating that I was paid in full and they wanted to 1) keep my disbursement and, 2) make me pay taxes on the amount (which is substantial).

Question: I settled for my initial investment back in exchange for my release. Then, before any papers were signed, the lowered their offer to 50% of that amount. I will never take that amount in return for my dismissal.

How do I leverage the tax issue (filing returns like I had been fully paid when I haven't for two years)? Is there any tax gurus out there that are sick of this moral terpitude issues in corporate law that could steer me in the right direction?

I could go all in an initiate a litigation, but really just want my deal, that we agreed on and that I commemorated our agreement on a fax to their attorneys. But I won't pay taxes on money they knowingly withheld to try to get me to sell my shares for below market value. Thanks in advance.

The Screwed Over Investor
 
How do I leverage the tax issue (filing returns like I had been fully paid when I haven't for two years)? Is there any tax gurus out there that are sick of this moral terpitude issues in corporate law that could steer me in the right direction?

Look in the yellow pages or google for a tax attorney. There are plenty of good ones out there that would be happy to help you - for a fee. However, if your desire for a "tax guru sick of moral turpitude" implies that you want one to work for free, it's not going to happen.

As for getting your money out of the corporation, you'll need to pay an attorney to handle that for you, too.

Reality check: If you aren't willing or able to pay attorneys the IRS will eventually step on you with both feet and the corporation will just keep your money and thumb its nose at you.
 
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