Archive for November, 2009
Retained Earnings in a Sub-S Corporation
The treatment of Sub-S retained earnings that pass-through to the parent-shareholder’s tax return has long vexed mediators and lawyers in support cases. When calculating support, do we include the income which is taxable to the recipient but undistributed to him ? In a case of first impression, the Supreme Judicial Court has weighed in with ...
Continue ReadingContempt for Anticipatory Breach
Timing is everything. Mother could not be held in contempt for threatening not to allow the children to visit father for Christmas, according to the Appeals Court. Rejecting the father’s claim of “anticipatory breach,” the Appeals Court made clear that a contempt judgment cannot enter until “after the time for the mother’s performance had come ...
Continue ReadingChild Who Becomes Parent Not Emancipated
An unmarried child does not become emancipated as a matter of law by giving birth, the Appeals Court held in a case of first impression. The trial court had granted summary judgment for the father, holding that the child was emancipated because “she has a child, receives child support [for him], and has a family ...
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