Doctors seek to reopen clinic suit over income tax issue

LACONIA — Two former Laconia Clinic physicians are asking to reopen their lawsuit against the multi-specialty group medical practice.

Dr. Alan Awrich and Dr. Adora Maharaj, who settled their suit with the clinic early this year, said the clinic violated the terms of the settlement by making them fully responsible for the tax liability associated with their shares of clinic stock.

Awrich and Maharaj sued Laconia Clinic Properties Inc. in 2018, charging the clinic failed to repurchase their shares of clinic stock when they left the practice in 2017 — Awrich to retire, and Maharaj to join a medical practice in Massachusetts.

The suit alleged the clinic improperly withheld Awrich’s and Maharaj’s severances, which together amounted to $750,000.

The clinic has objected to having the case reopened.

According to documents filed in court, the clinic in March sent each doctor a federal income tax form documenting their investment in the partnership. The estimated tax liability is $32,000 for Awrich, and $17,000 for Maharaj.

But according to a motion filed by the doctors’ lawyer, Michael Persson, the settlement between the clinic and Awrich and Maharaj “released the (doctors) from any and all responsibility to the (clinic), including pass-through tax liabilities for the (clinic’s) 2018 net income.”

However, the clinic through its attorney, Biron Bedard, is arguing the liability for net real estate income was not released under the settlement.

“The plaintiffs are responsible for the taxes associated with their shares (of clinic stock) while they were still in their possession,” the clinic’s response reads.