Peter J. Bresson - Page 2

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               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 and          





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