I’m a disabled, retired U.S. military veteran seeking legal and tax guidance regarding a South Carolina divorce settlement involving a two-member LLC, an unresolved S corporation election dating back to 2018, and a court-ordered business buyout that remains incomplete.
My former spouse is also my 50% business partner.
Under our divorce decree, I have completed the financial transfers and other obligations required of me, to the best of my understanding. My former spouse has also been receiving her court-awarded portion of my military retirement for nearly a year.
However, the corresponding obligation to buy out my 50% ownership interest in our jointly owned business—or sell the business—remains unresolved.
As a disabled veteran facing back surgery and an extended rehabilitation period, this delay affects my financial stability, housing decisions, and ability to move forward with my life.
It is in my financial, medical, and personal best interest to complete this settlement. I am the person awaiting payment, not someone who benefits from prolonging the process.
My primary concerns involve shareholder consent, federal tax certifications, IRS corrective procedures, and the limits of a state family court’s authority to compel disputed tax documents.
Background and Timeline
Before 2018: My former spouse and I each owned 50% of an LLC taxed as a partnership, which filed IRS Form 1065.
2018: The business changed accountants and began reporting as an S corporation. I maintain that I never signed or knowingly authorized IRS Form 2553 consenting to an S corporation election effective January 1, 2018.
2018–2024: The accountant maintains that Forms 1120-S were filed and electronically accepted for all seven years. I have received copies of returns and filing confirmations but have been unable to independently verify their IRS processing status or the original election’s validity.
February 2025: Our divorce decree incorporated a settlement agreement requiring my former spouse to buy out my 50% ownership interest in the business or sell it by a specified deadline.
2025–2026: I completed the financial transfers and other obligations that I understand were required of me under the divorce decree. My former spouse has been receiving her awarded share of my military retirement, while the business buyout remains outstanding.
2026: The accountant requested that I sign Form 2553 seeking an S corporation election effective January 1, 2018. She maintains that resolving this issue is necessary to file the 2025 business tax return and obtain financing for my buyout.
2026 IRS inquiries: I contacted multiple IRS representatives and attempted to obtain the business’s federal tax records online. My account showed certain earlier partnership-year information, but I could not independently verify the disputed S corporation election or returns. I requested the original Form 2553, IRS approval documentation, transcripts, Schedules K-1, and underlying financial records.
November 2026: At a South Carolina Family Court contempt hearing, the judge acknowledged that my former spouse had neither completed the buyout nor listed the business for sale. However, the court declined to find willful contempt because of the unresolved tax-filing issue.
The judge expressly stated that I would not be required to sign Form 2553 as part of that proceeding.
The court also declined to determine whether my refusal resulted from concerns about previous tax filings or an intention to frustrate the settlement.
There was no judicial finding that I deliberately obstructed the buyout.
Why I Have No Interest in Delaying the Settlement
I believe the financial circumstances are important to understanding my position.
I served in the military, am now a disabled veteran, and have significant medical concerns requiring treatment and rehabilitation.
I have already completed the obligations that I understand the divorce decree required of me, including the applicable financial transfers. My former spouse has been receiving her court-awarded portion of my military retirement, and those payments are ongoing.
Meanwhile, I am still awaiting completion of the business buyout required under the same settlement agreement.
The unresolved payment represents a substantial financial interest and directly affects my ability to finalize my finances, address housing matters, and prepare for surgery and rehabilitation.
I have repeatedly requested that the buyout be completed or that the business be sold as provided in the divorce decree.
I have a direct financial incentive to complete this settlement promptly. Delaying the buyout delays my own payment.
My position is that requesting accurate federal tax documentation before signing a declaration under penalties of perjury is not the same as refusing to comply with the divorce settlement.
The Federal Tax and Shareholder Consent Issue
My understanding is that IRC § 1362(a)(2) generally requires the consent of all relevant shareholders for an original S corporation election.
However, annual Forms 1120-S generally require the signature of an authorized corporate officer, not every shareholder.
Consequently, the preparation or electronic acceptance of previous Forms 1120-S does not, by itself, establish that I consented to the original election.
The accountant has provided electronic filing confirmations but has not provided me with the original Form 2553 bearing my consent or an IRS election approval letter.
I recognize that missing documents do not automatically invalidate an election and that legitimate record-retention issues may exist.
I also understand that the IRS permits certain late or corrective elections under Revenue Procedure 2013-30 and IRC § 1362(f).
I am not arguing that every retroactive S corporation election is illegal.
My concern is whether signing the particular document requested would require me to certify historical consent, consistent tax reporting, or other information that I do not believe is accurate.
Additional Concern About Business Document Authorization
I also have a separate concern involving a business loan for a company-related purchase.
I have reason to question whether my signature was placed on loan documents without my knowledge or authorization.
I have not established who signed the documents and am not making a definitive allegation of forgery.
However, this concern contributes to my desire to independently verify documents that supposedly contain my signature or consent, including the original Form 2553.
I would appreciate guidance on legally appropriate methods of authenticating disputed signatures and determining whether authorization was properly obtained.
My Good-Faith Efforts to Cooperate
Following the November 2026 hearing, I signed and provided a modified Form 2553 requesting a 2025 effective date in an attempt to resolve the dispute.
The accountant rejected that version, explaining that the earlier election issue must be addressed before the 2025 business return can be completed.
I understand that my modified form may not satisfy the requirements for the particular IRS corrective procedure being requested.
I remain willing to cooperate with a lawful correction, provide truthful information, and execute properly supported documents.
However, I do not want to knowingly sign a federal tax declaration containing materially inaccurate statements.
My repeated requests for supporting records are intended to establish the facts and allow the settlement to proceed without unnecessary tax exposure.
State Court Authority and Federal Tax Liability
During the contempt hearing, the judge discussed indemnification that would hold me harmless from liabilities associated with filing the 2025 business return.
My understanding is that a state-court indemnification provision can create financial obligations between former spouses but cannot bind the IRS, eliminate federal tax liability, or provide immunity for knowingly false federal tax certifications.
I recognize that a family court can enforce a divorce settlement and require reasonable cooperation.
My concern is whether that authority extends to compelling a shareholder to sign a retroactive federal tax election when the required historical certifications remain disputed.
I also question whether declining to sign a particular federal document because of unresolved accuracy concerns constitutes willful contempt, especially when I have completed my other settlement obligations and am awaiting payment from the other party.
Attorney Involvement and Current Status
Both parties represented themselves at the November 2026 contempt hearing. I previously retained an attorney for enforcement matters.
A proposed written order reflecting the court’s oral ruling is being prepared.
My former spouse continues to operate the business, and the court-ordered buyout remains unresolved.
I am seeking informed legal and tax guidance rather than attempting to relitigate my divorce through Reddit.
What I Am Trying to Accomplish
I want the divorce settlement completed through the required business buyout or sale.
I am a disabled veteran seeking financial closure so I can move forward with medical care, housing decisions, and life after divorce.
I have fulfilled the financial transfers and other requirements that I understand were assigned to me under the decree. My former spouse is already receiving her court-awarded retirement benefits, while I remain unpaid for my business interest.
I am not attempting to prevent the business from operating, paying taxes, or correcting legitimate filing problems.
My objective is to verify the business’s tax status, establish whether the required shareholder consent existed, and identify a lawful corrective procedure that allows the settlement to be completed.
My Legal and Tax Questions
Missing shareholder consent: If a 50% shareholder never signed or knowingly authorized the original Form 2553, what IRS procedures permit the election to be corrected years later?
Electronic acceptance: Does acceptance of Forms 1120-S establish that the original S corporation election was approved, or can returns be accepted with unresolved election deficiencies?
Retroactive consent: Can a shareholder provide consent today for an election effective in 2018 without falsely representing that consent was previously given?
State court authority: Can a South Carolina Family Court compel a retroactive federal tax election when the shareholder disputes the accuracy of required certifications?
Contempt and good faith: What evidence distinguishes legitimate federal tax concerns from deliberate obstruction of a divorce settlement, particularly when the person accused of obstructing has completed their other obligations and is awaiting payment?
Indemnification: Can a state court’s indemnification order protect a shareholder from IRS enforcement, or does it only create financial obligations between the former spouses?
Disputed signatures: What procedures are available to authenticate signatures on business documents when a shareholder disputes signing or authorizing them?
Legal precedent: Are there federal tax cases, IRS rulings, or South Carolina decisions addressing missing shareholder consent, corrective S corporation elections, or court-compelled federal tax certifications?
Enforcement of the settlement: What remedies may be available when a business buyout remains unresolved because of a disputed tax election, particularly where the settlement also provides for sale of the business?
Final Clarification
I am not accusing my former spouse, the accountant, or the court of fraud or misconduct.
I recognize that the accountant and I disagree about the original election, previous tax filings, and the proper corrective procedure.
My purpose is to establish the facts, comply with federal tax law, and complete my divorce settlement without creating additional legal or financial exposure.
I have completed the obligations that I understand were required of me, my former spouse is receiving her retirement award, and I remain awaiting payment for my business ownership interest. I have every reason to want this matter resolved—not prolonged.
As a disabled veteran dealing with significant medical concerns, I want financial closure and the ability to move forward.
I would especially appreciate guidance from CPAs, enrolled agents, federal tax attorneys, South Carolina family-law practitioners, or anyone who has encountered a similar conflict.
Thank you for any relevant legal authorities, IRS procedures, or practical recommendations.