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My common-law husband, his brother and a friend have gotten tied up in his father's trucking business. In 2005 they all went into a verbal agreement to purchase a truck each from his father and mother[CEO] .They would take all the income from these trucks minus their payment of $5000.00 a month, now in 2008 fiscal year she decided to take all the funds and issue them capped contractor wages of $5000.00 per month, they receive a check stub with all her deductions written on. She has used these funds to pay their own company bills, then expects us to claim the total income of the trucks. Is this misuse of funds an illegal??
We have put over $80000.00 of repairs on this logging truck over the past three years and paid them over $60000.00 in payments and she says they are now doing everything as a lease. She has never produced an agreement of any kind and expects us to do as she says. She is all bent because I consulted a tax lawyer on these issues for filing taxes. The lawyer told me to file only what we were paid. What she needs is a government audit but how do we implement that??
The original agreement called for each person to make a payment of $5000 towards the purchase of the truck, and then keep whatever income was generated by the truck. In 2008, the mother changed it around so that each person receives an independent contractor wage of $5000 while the balance of the income goes to the company. If she is claiming that the balance of the income is towards payment of the truck then she has made a unilateral change to the contract which is only binding if the other party agrees to the change. If she is claiming that the balance of the income is for company profits and expenses then the employees don't technically qualify as independent contractor status. She's trying to have her cake and eat it too. Update: Your tax lawyer is correct. When filing your taxes, you would only list as income what you were paid directly plus what you were credited for the "lease", then you would list the truck "lease" amounts and any repairs done as deductions. The mother may want to set aside a little bit of money for bail because if they ever audit the tax returns of the business she is going to have problems. She's paying everyone like independent contractors, but running the business finances as if it were a private partnership. You simply can't do it both ways.
Cannot be theft if she is a legal part of the business, and has some authority. Sounds more like you guys made an agreement without spelling it all out in a contract, now disagree about how things are handled. Since it is verbal, you don't even have something to prove she is acting against what she said. Family businesses on oral agreements is an open invitation to disagree, unless you put things new-jersey WRITING. I am not a lawyer, but I sure don't see criminal theft here.
That is definitely some creative bookkeeping. Whose name is on the title of the trucks? If he owns the truck, I'd drive it off the lot and not come back. She can not keep the money and record it as if she had paid it to them. He needs to talk to them and get this straightened out. If they aren't agreeable-yeah, like that's going to happen-then contact your state's labor board and whatever licensing companies they have. Not knowing what type of business this is, I can't give you more direction. If their business licensing is threatened, they will be more likely to see reason. I'd also get an employment lawyer and have him send some interesting letters.