Debtor was entitled to tools-of-the-trade exemption in equipment allegedly owned by her LLC.
Equipment through which a Chapter 7 debtor's wholly-owned limited liability company (LLC) carried on its (and the debtor's) business was owned by the debtor individually and not by the LLC. Thus, the debtor was entitled to a Minnesota tools-of-the-trade exemption in this equipment, even though, on the single tax return which was filed by both the debtor and the LLC, depreciation on the equipment was assigned to the LLC rather than to the debtor. It was not apparent that the manner in which depreciation was assigned had any tax consequences. Moreover, substantial evidence was presented that the debtor owned the equipment, having purchased it in her own name with a personal line of credit.
Saturday, December 15, 2007
Posted by Rachel Lynn Foley at 12:17 PM
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