Peter J. Bresson - Page 20

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          Revenue Officer Ryland's transferee liability report discussing the         
          conveyance.  (This assumes, of course, that section 3439.04(a) of           
          the California Civil Code is applicable, which we have found supra          
          it was not.)  Thus, 1 year from the date of respondent's knowledge          
          of the transfer would have been no later than September 1995, still         
          nearly 1 year short of the date of the notice of transferee                 
          liability against petitioner.  Accordingly, we are required to              
          determine which period of limitations, Federal or State, controls           
          the time for assessing transferee liability.                                
               The Supreme Court has stated that the United States is not             
          bound by State statutes of limitations in enforcing its rights,             
          whether the action is brought in Federal or State court.  United            
          States v. Summerlin, 310 U.S. 414, 416 (1940), and cases cited              
          thereat.  Petitioner contends, however, that section 3439.09 of the         
          California Civil Code 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 (and             
          thus the transferee liability) where the time limit is not                  
          satisfied.                                                                  
               Petitioner relies on United States v. Vellalos, 780 F. Supp.           
          705 (D. Haw. 1992), appeal dismissed 990 F.2d 1265 (9th Cir. 1993),         
          in arguing that California's UFTA limitations period requires an            
          outcome different than that in United States v. Summerlin, supra.           
          In Vellalos, the United States District Court for Hawaii examined           





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