For purposes of section 518A.29, income from self-employment or operation of a business, including joint ownership of a partnership or closely held corporation, is defined as gross receipts minus costs of goods sold minus ordinary and necessary expenses required for self-employment or business operation. Specifically excluded from ordinary and necessary expenses are amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate or excessive for determining gross income for purposes of calculating child support. The person seeking to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary.
Notes of Decisions
Marriage of Haefele v. Haefele, 837 N.W.2d 703 (Minn. 2013).
· cites it 73× “Because we conclude that gross income from a shareholder’s interest in a closely-held subchapter S corporation must be calculated using the statutory formula in Minn.Stat. § 518A.30 and does not depend on the amount actually distributed or available to the parent *705…”
Marriage of Haefele v. Haefele, 814 N.W.2d 65 (Minn. Ct. App. 2012).
· cites it 12× “29(a), a parent’s “gross income” includes in relevant part “self-employment income under section 518A.30.” And Minnesota Statutes section 518A.”
In re the Marriage of: Andrew Michael Larson v. Julie Christine Larson (Minn. Ct. App. 2024).
· cites it 16× “” Minn. Stat. § 518A.30 (2022). In applying this statutory formula, “the district court must first identify the business’s gross receipts, 3 cost of goods sold (if applicable), and ordinary and necessary expenses, and then apply the formula by subtracting the cost of goods sold…”
In re the Marriage of: Roger Alan Roy v. Bonnie LaMay Roy (Minn. Ct. App. 2016).
· cites it 4× “” Minn. Stat. § 518A.30 (2014). The district court examined Roger’s federal tax returns from 2010- 2014, including the Schedule-C portion of the returns, which contains the information required for determining income from self-employment.”
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