- 25 - under section 6901 and is using that section rather than State law to assert a claim against petitioner as transferee. (In this regard, we disagree with the dissent's assertion that respondent's claim against petitioner is not created under Federal law, but rather under California's UFTA. See Dissenting op. p. 33.) Therefore, petitioner's reliance on Vellalos is misplaced.10 Further, the Court of Appeals for the Ninth Circuit has not affirmatively approved of the District Court's exception in Vellalos to the general rule of United States v. Summerlin, 310 U.S. 414 (1940), with respect to limitations periods in transferee liability cases.11 United States v. Bacon, supra. Accordingly, we are not bound to follow any such exception. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 10 The dissent's reliance on Custer v. McCutcheon, 283 U.S. 514 (1931), is similarly misplaced. Dissenting op. p. 34. Like the situation in United States v. Vellalos, 780 F. Supp. 705 (D. Haw. 1992), in Custer the United States pursued its remedies under State law rather than under Federal law. Therefore, the situation in Custer is distinguishable from the situation herein. Moreover, it should be noted that Custer was decided several years before United States v. Summerlin, 310 U.S. 414 (1940). 11 The Court of Appeals for the Ninth Circuit has created an exception to the general rule of United States v. Summerlin, supra, "[such] that a state statute which provides a time limitation as an element of a cause of action or as a condition precedent to liability applies to suits by the United States even if there is an otherwise applicable federal statute of limitations." United States v. California, 655 F.2d 914, 918 (9th Cir. 1980) (citing United States v. Hartford Accident & Indem. Co., 460 F.2d 17, 19 (9th Cir. 1972)). The Court of Appeals for the Ninth Circuit, however, has never applied this exception in transferee liability cases.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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