Hi,
I have a small manufacturing SCorp on accrual method between two partners, each having 50% interests, who were both actively involved in the business. Due to a partner dispute, Partner one purchased partner two interest for approx $500K on December 2007 for an amount much greater than his original investment . The sales price was paid by the remaining shareholder and checks cleared before 12/31/07.
The Scorp income through 1/1 - 12/07 is approx 500,000. However, most of the profits were in inventory and receivables, so distributions were much less than the allocated income... Distributions were approximateley 140k to each partner.
I am planning on allocating 50% of income, $250K through 12/1 to the exiting partner even though he received only 140K in distributions. My justification is that he received the 500k sales price and part of this sales price was the unpaid current income..
I would appreciate your opinion.. Thanks
Also, they both had separate attorneys and went through arbitration to come to agreement on the sale of shares and the exiting partner signed an agreement that he could not come back and sue the corp or Partner one if he accepted the sales price...
thanks