Mark J. Hanna, P.C., Transferee - Page 9




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               With regard to whether a creditor (namely, respondent                   
          herein) had a claim against Associates PC before the transfer                
          date, Hanna PC argues that respondent's notice of deficiency to              
          Associates PC was untimely and therefore that respondent did not             
          have a valid timely claim for a $31,450 Federal income tax                   
          deficiency against Associates PC.                                            
               The record indicates that Associates PC filed its Federal               
          income tax return for 1993 on March 15, 1994, and that respondent            
          mailed the notice of deficiency to Associates PC on February 26,             
          1997.  Under section 6501(a), respondent's notice of deficiency              
          is timely.  We conclude that respondent had a timely claim of                
          $31,450 against Associates PC before the transfer date.6                     
               In order to analyze the third element of UFTA section                   
          24.006(a) (namely, whether Associates PC did not receive                     
          reasonably equivalent value for the transfer of assets to Hanna              
          PC), we compare the amount of the assets Associates PC                       
          transferred to Hanna PC with the amount of the assets or rights,             
          if any, that Associates PC received from Hanna PC.  See UFTA sec.            
          24.004; In re Sullivan, 161 Bankr. 776, 781 (Bankr. N.D. Tex.                
          1993).  In determining the amount of the assets or rights                    
          received by Associates PC, we treat (as do the parties herein)               


          6    Under UFTA sec. 24.002(3), a claim is “a right to payment or            
          property, whether or not the right is reduced to judgment,                   
          liquidated, unliquidated, fixed, contingent, matured, unmatured,             
          disputed, undisputed, legal, equitable, secured, or unsecured.”              




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