Business Associations Keyed to Hamilton
Wilderman v. Wilderman
Facts
The Wilderman’s business was in installation of ceramic tile and marble facings. Both had knowledge of the craft, but Joseph (D) performed most of the tasks while Eleanor (D) served as administration. The two received salaries at a fixed rate by their agreement and elected not to pay themselves dividends to waive double taxation. Their company became successful, but their marriage started facing hardships. After getting divorced, Joseph (D) increased his own wages. Joseph (D) was authorized in the agreement to receive an annual salary of $20,800, but then he paid himself over $90,000 in salary and bonuses in 1971, accumulated $35,000 in 1972, and was compensated nearly $87,000 in 1973. Eleanor’s (P) wages from 1971 to 1973 was $7,800 annually. During this time, a custodian was appointed to help manage the company, he succeeded in getting a $20,000 dividend declared and divided equally between the two. Eleanor (P) still filed suit because the custodian could not solve the disparity in salaries between the two. Eleanor (P) as both an individual and as a shareholder, seeks a return of excessive amounts Joseph (P) paid to himself, an injunction against any more unauthorized disbursements, and a demand that management continue to be subjected to custodian supervision. Eleanor (P) also sought compulsion to pay dividends, and an adjustment to the corporate pension plan to reflect the excessive amounts that Joseph (P) improperly paid to himself.
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