Peter J. Bresson - Page 18

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          transfer to petitioner was in constructive fraud of creditors under         
          section 3439.04(b)(1) and/or (2) of the California Civil Code.              
               Although this holding would appear to resolve this case,               
          petitioner raises an issue that at first glance "seems overly               
          ambitious".  See Bankers Life & Cas. Co. v. United States, 142 F.3d         
          973, 974 (7th Cir. 1998).  We shall now address this issue.                 
          Period of Limitations                                                       
               Petitioner argues that even if a fraudulent conveyance is              
          deemed to have occurred under the UFTA, the period of limitations           
          for filing actions under the UFTA expired before respondent's               
          issuance of a notice of transferee liability.  This, according to           
          petitioner, would preclude respondent from using section 6901 as a          
          remedy to collect the delinquent taxes of Jaussaud Enterprises.  On         
          the other hand, respondent maintains that State limitations periods         
          may not cut short the time the Federal Government has to assess and         
          collect the tax liability of petitioner as a transferee under               
          section 6901.  For the reasons set forth below, we agree with               
          respondent.                                                                 
               Section 6901(c) provides that the Commissioner may assess a            
          transferee for taxes owed by a transferor within 1 year after the           
          expiration of the period of limitations for assessment against the          
          transferor.  In the case at bar, Jaussaud Enterprises filed its             
          Federal corporation income tax return for the tax year ended                
          February 28, 1991, on March 5, 1993. (Generally, under section              





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