Frank W. George - Page 19




                                        - 19 -                                         
          for Federal tax purposes even if it is valid under State law.                
          See Gregory v. Helvering, 293 U.S. 465, 469 (1935); Neely v.                 
          United States, 775 F.2d at 1094; Zmuda v. Commissioner, 731 F.2d             
          1417, 1421 (9th Cir. 1984), affg. 79 T.C. 714 (1982).                        
               4.   Petitioner's Other Contentions                                     
               Petitioner contends that he is not liable for tax on amounts            
          paid to Arivada unless respondent proves that Arivada is the                 
          transferee of petitioner under section 6901.  Petitioner also                
          contends that we may consider whether, under the Federal Debt                
          Collection Act (FDCA), 28 U.S.C. sections 3001-3015, and the                 
          Federal Fraudulent Transfers Act (FFTA), 28 U.S.C. sections 3301-            
          3308, Arivada is a transferee of petitioner.  We disagree.  These            
          authorities are irrelevant to the issues before us.                          
               Petitioner contends that Chisum had the only copy of the                
          Arivada trust instrument and that petitioner was prejudiced by               
          the Court's severing of petitioner's case from Arivada's on the              
          morning of trial and the day that Arivada filed a petition in                
          bankruptcy.  Petitioner contends that he could not have compelled            
          Chisum to produce the trust instrument absent a subpoena and that            
          he had insufficient time to do so after the Court severed the two            
          cases.  Petitioner’s contention assumes that Chisum would not                
          cooperate voluntarily with him; petitioner did not make that                 
          showing.  On the contrary, it appears from the record that they              
          were cooperating fully.                                                      






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011