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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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202.301650 <br />Defendant voluntarily resigned from his position with Heritage in year 2013 citing the <br />business practices of the business. <br />ISSUES <br />The issues are numerous as to the result of this action and the pending Decree of <br />Dissolution. <br />As previously stated, the parties both agreed, and benefited, from a business and personal <br />standpoint, to the structural business model on which Heritage operated. The placing of the <br />stock solely in the Plaintiffs name and the tax consequences and benefits received during the <br />relationship were knowingly and intelligently entered into by the parties. At the dissolution the <br />Court's responsibility is to equitably divide the assets that the parties acquired jointly through <br />their respective efforts. The "inequities" of tax withholding and ability to claim tax losses are <br />not subject to being recouped through IRS filings. The parties put forth in their respective <br />positions that Defendant feels that joint tax returns for 2012 and 2013 should be ordered so that <br />Defendant may benefit from the continued loss carryover provisions of the tax code. The Court <br />cannot do this. Bock v. Dalbey, 283 Neb. 294, states clearly the law in Nebraska is that the Court <br />cannot compel parties to file a joint income tax return. <br />The Plaintiff desires that she be allowed to maintain her 54.6 percent stock ownership of <br />Heritage or, in the alternative, that the stock owned by the Plaintiff be redesignated so that <br />Plaintiff will maintain the voting rights of the majority shareholder in the corporation. What this <br />ignores is the corporate interest of the other shareholders of 45.4 percent of Heritage. Any <br />change in the stock designation, signifying ownership, or rights of individual stock certificates, <br />4 <br />Certified Page 4 of 10 <br />
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