Can I File?

[kwhit]

What is the name of your state? New York......My husband was in a general partnership which was dissolved in July. Since we will be filing our taxes jointly (for profits from business) can I file a claim against the former partner for not distributing final profits to my husband. We also found out he is conducting the same business and has not filed the necessary paperwork for a sole proprietorship but still using the same business name. He has not provided us with any tax info (his accountant did them) and refuses to give us the name of the accountant. We need to do something legally but since my husband was friends with him he doesnt want to pursue it....but I feel different since I put alot of hard hours into the business and got all the clients he is now profiting from. Your help would be appreciated.

 

[racer72]

Unless you were part of the partnership, you cannot sue. The way you file taxes is irrelevent. The only possible claim you may have is for wages for the hours you worked for the partnership and your hubby can be held liable for part of that depending on his percentage of ownership.