Thank you for your post. I will attempt to assist you. As it appears you have quite a few questions, I will go down the list to ensure I will respond to each one.
1) Do I have any legal standing for recouping the $1,500 a mth since Feb/2010 approx an accumulated $10k-$12k, which was/is being held back from my payroll? (Understand there is another person in the Company a much smaller percentage owner, who never put a dime into the company, whose paycheck I recently learned was NEVER effected and who receives all that he is owed each month.
If you have an actual contract
or an agreement under which you were entitled to a certain portion, then yes. However, being a part owner, if the company is doing poorly, you can also be held responsible and can therefore be requested to take less of a profit. In other words this comes down to profit--if this was salary, then you are entitled to get it back, if this is profit, then probably not.
2) Should I cash the check for this month marked "Oct payroll", instead of the "Oct partial payroll" as it should be written?
Sure, just cash it with the words "under protest", keep a copy of the check, and send a letter to the company with the running tally of what they owe you.
3) If I chose to turn off or bar access to the services that are in my name, that I pay for monthly in my name, are there any grounds for legal action against me? Do I have the right to turn these services off since they are in my name and I pay for them?
Yes, you can be sued for "tortious interference with a business interest". In essence the company can sue you for attempting to ruin and destroy the company through your behavior. While the access are under your name, if it is essentially a business interest or asset, you cannot remove that service from the company.
4) I am concerned because once I pay my overdue taxes, the money I have may not cover all of what is due (as I was counting on that money which was held back from me to be able to cover and pay my taxes). I waited to pay them, because I was told that money would be returned to me and I did not have the funds to pay them without that money, is there anything that will protect me from the IRS?
That is a separate issue completely. Your obligation to the IRS is whilly separate from the fact that you may be getting underpaid by the company. For that you should contact the IRS and try to work out a payment plan that will be more in line of what you are now receiving.
I mean is there a possibility of change in status from "owner" to "employee" with a portion of ownership, since I have no say so and funds are being withheld?
No there is not. Unless you literally sell off your share, you are still deemed an owner.
Is there some action which I can file with the IRS against the company?
I am not sure for what grounds exactly. You can always contact the IRS and file a complaint over tax fraud. To do that, go to the link below:http://www.irs.gov/individuals/article/0,,id=106778,00.html
Edited by Dimitry Alexander Kaplun on 11/4/2010 at 4:16 AM EST