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The $6000/month was not taken from his wages but instead considered

as business expense which we...
The $6000/month was not taken from his wages but instead considered as business expense which we both shared. Would that be make a difference?
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Answered in 15 minutes by:
7/3/2011
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,370
Experience: Retired (mostly)
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If all of his compensation was in the form of wages paid by you, then the business expenses were yours, not his, and only you had the tax deduction. Under that scenario, the physician was not your partner -- he was your employee. In which case, my answer stands as previously written.

If there was some other arrangement, e.g., you pay $X wages, plus additional compensation as a split of profits, then he could argue that you were engaged in a partnership. But, if you were so engaged, and he received his share of the profits after deducting the partnership's expenses, or your agreed upon management fees, then he still has no cause of action, because you didn't breach the contract. You paid him exactly what he was entitled to, based upon your implied agreement, which apparently was acceptable to both of you for the two years during which it existed.

Based upon how you have described your circumstances, I don't see how this physician can make a claim against you at this point in time.

Hope this helps.

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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,370
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