David Allen - Page 28




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          taxpayer is liable as a transferee.  See sec. 6902(a); Rule 142(d).         
          Although section 6901 provides a method by which to collect the             
          tax, liability of a transferee is a question of State rather than           
          Federal law, and the law of the State where the transfer took place         
          normally applies.  See Commissioner v. Stern, supra; Fibel v.               
          Commissioner, 44 T.C. 647, 657 (1965).                                      
               Here, the transfers took place in Nebraska; consequently, we           
          apply Nebraska law.  Nebraska's Uniform Fraudulent Conveyance Act,          
          Neb. Rev. Stat. secs. 36-601 to 36-613 (reissue 1988), as in effect         
          at the time of the transfers, see Schall v. Anderson's Implement,           
          Inc., 484 N.W.2d 86, 89-90 (Neb. 1992),7 permits a court to void a          
          debtor's transfer of property if the transfer was made absent fair          
          consideration and left the debtor insolvent (i.e., without enough           
          property to pay his debts), or if the transfer was made with an             
          actual intent to hinder, delay, or defraud a creditor.                      
               Nebraska Rev. Stat. sec . 36-604 (reissue 1988) provides:              
                         36-604.    Conveyance   by    insolvent;                     
                    fraudulent.  Every conveyance made and every                      
                    obligation incurred by a person who is or will                    
                    be thereby rendered insolvent is fraudulent as                    
                    to creditors without regard to his or her                         
                    actual intent if the conveyance is made or the                    
                    obligation is incurred without a fair                             
                    consideration.                                                    

               7    In 1989, the Nebraska legislature enacted the Uniform             
          Fraudulent Transfer Act (UFTA), Neb. Rev. Stat. secs. 36-701 to             
          36-712 (Cum. Supp. 1990).  The UFTA replaced the 1980 Uniform               
          Fraudulent Conveyance Act (UFCA), Neb. Rev. Stat. secs. 36-601 to           
          36-613, which is involved herein.                                           






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