James E. Griffin and Katrina F. Griffin, Transferees - Page 23

                                       - 23 -                                         
          D.  Liability for Interest                                                  

               Where the amount transferred to a transferee is less than              
          the amount of taxes owed by the transferor, State law determines            
          the extent to which a transferee is liable for interest accrued             
          prior to the Commissioner's demand for payment.  Estate of Stein            
          v. Commissioner, 37 T.C. 945, 961 (1962).  Florida gives                    
          respondent the right to statutory interest on petitioners'                  
          transferee liability.  LeBeau v. Commissioner, T.C. Memo. 1992-             
          359.  Under Florida law, prejudgment interest is allowed in cases           
          involving a liquidated claim.  Town of Longboat Key v. Carl E.              
          Widell & Son, 362 So. 2d 719, 723 (Fla. Dist. Ct. App. 1978).               
          Mr. Fisher's unpaid tax deficiency and addition to tax for 1991             
          was $93,030, which was due and owing no later than April 15,                
          1992.  Because the value of the assets transferred to petitioners           
          was less than this liability, all of respondent's claim against             
          petitioners became liquidated no later than April 15, 1992.                 
          Petitioners' transferee liability includes accrued interest at              
          the rate prescribed under Fla. Stat. Ann. sec. 55.03 (West 1988)            
          from April 15, 1992.                                                        


                                                  Decision will be entered            
                                             under Rule 155.                          








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

Last modified: May 25, 2011