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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schneider v. Schneider, 146 S.W.2d 584 (1941)

Citation
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Parent Document
Schneider v. Schneider, 146 S.W.2d 584 (1941)
Jurisdiction
Missouri (state)
Effective Date
1941-01-04

Other Sections in This Document (37)

Full Text

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■ The theory which the referee seems to have adopted is, apparently, that the entire corporate assets at the time of incorporation consisted of the partnership property wrongfully transferred to the corporation in which respondent had a 1/3 interest; that any increase in corporate assets since the time of incorporation would be accounted for by money lent to or credit extended to the company, in which case such increase would be exactly balanced by noncapital liabilities shown on the balance sheet, or would represent profits from the operation of the corporate business in which respondent would be entitled to a 1/3 interest. But in accepting — for want of more accurate evidence' — • this theory of accounting, it is apparent that the referee improperly disallowed certain items of liability. In the first place he reduced the accounts payable from the figures shown in the balance sheet because there was evidence that after the compilation of the balance sheet certain of these accounts had been paid. Assuming that this was true, however, the payment was necessarily made either from cash shown on the asset side of the balance sheet or from profits arising from the sale of inventoried merchandise, the cost of which appears as an asset in the financial statement. In either event a decrease in outstanding liabilities would have been balanced by a decrease in assets. But the referee based his calculations on the gross amount of assets shown in the balance sheet.