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202301650
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Last modified
4/7/2023 9:59:43 AM
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4/7/2023 9:59:43 AM
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DEEDS
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202301650
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202301650 <br />Shortly after the marriage the Plaintiff and Defendant, due to the Defendant's expertise <br />and contacts in the explosive disposal field, began research and study and took through their joint <br />efforts the path of starting a company in Hall County, Nebraska, named Heritage Disposal. <br />By the evidence, both parties somewhat acknowledge the other's contribution to the <br />starting and success of the business. The parties jointly, I am sure with advice of consultants, <br />incorporated the Heritage Business from the beginning and attracted other <br />investors/stockholders. The parties made a mutually -agreed decision to structure the business for <br />tax purposes and business acquisition opportunities in which the Plaintiff, by her status as a <br />female, would be the majority interest stockholder in the business in order to obtain tax and <br />contract incentives not only for themselves but to attract clients because of the business being <br />owned by a minority (female). It was also mutually agreed for tax planning purposes that the <br />Defendant would be an employee on an earned salary on which taxes were withheld and the <br />Plaintiff, as majority owner and president of Heritage, would receive a draw on which no taxes <br />withheld would be required. <br />During the marriage the parties took the tax advantage of filing jointly until 2012. The <br />Defendant's withholding tax and Plaintiff being able to claim business losses the parties <br />mutually benefited by such losses in the years 2009 through 2011. The business losses carried <br />forward tax windfall was only available to the Plaintiff as she was the sole stockholder of the <br />business. Plaintiff has a stock ownership of 54.6 percent of the outstanding common stock of <br />Heritage. <br />Both Plaintiff and Defendant made the decision concerning the ownership and <br />distribution of income and tax benefits and jointly benefited. The business structure and tax <br />2 <br />Certified Page 2 of 10 <br />
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