- 2 - taxes resulting from the transfer of the Alhambra property. Petitioner asserts that the period of limitations for filing fraudulent conveyance actions under California's UFTA expired before the issuance of the notice of transferee liability. Respondent maintains that the Federal Government is not bound by State statutes of limitations under the rule in United States v. Summerlin, 310 U.S. 414 (1940). Petitioner counters that the period of limitations in California's UFTA is not a statute of limitations, but rather is an element of the cause of action, which provides for the complete extinguishment of the fraudulent conveyance claim if the time limit is not satisfied, relying on United States v. Vellalos, 780 F. Supp. 705 (D. Haw. 1992), appeal dismissed 990 F.2d 1265 (9th Cir. 1993). 1. Held: Respondent has established that the Alhambra property was fraudulently conveyed under California law. 2. Held, further, respondent is not bound by the limitations period in California's UFTA. United States v. Summerlin, supra, applied. 3. Held, further, respondent issued petitioner a notice of transferee liability within the limitations period for assessments prescribed by sec. 6901(c), I.R.C. Willard D. Horwich, for petitioner. Robert H. Schorman, Jr., for respondent. JACOBS, Judge: By means of a notice of transferee liability dated August 2, 1996, respondent determined that petitioner is liable under section 6901 as a transferee of property from Jaussaud Enterprises, Inc. (hereinafter referred to as Jaussaud Enterprises or the corporation), for unpaid Federal corporate income taxes andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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