Peter J. Bresson - Page 34

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               extinguish the right altogether.                                       
               C.  Respondent’s Failure To Carry the Burden of Proof                  
               The Government did not demonstrate that the transfer occurred          
          within 4 years of the date of the notice of transferee liability            
          against petitioner.  Majority op. p. 18.  Therefore, I conclude             
          that the Government has not sustained its burden of proving that            
          petitioner was liable as a transferee under California law.                 
          IV.  The Summerlin Issue                                                    
               A.  Quod Nullum Tempus Occurrit Regi                                   
               The majority rests its holding on the ancient rule of quod             
          nullum tempus occurrit regi--"that the sovereign is exempt from the         
          consequences of its laches, and from the operation of statutes of           
          limitations".  See Guaranty Trust Co. v. United States, 304 U.S.            
          126, 132 (1938).  The majority explains that the Supreme Court has          
          already addressed the distinction between statutes of limitations           
          and "non-claim" statutes in United States v. Summerlin, 310 U.S.            
          414 (1940).  The majority applies Summerlin here to dispose of the          
          case on the theory that section 3439.09 amounts to a nonclaim               
          statute, and that is the equivalent of a statute of limitations.            
          The Supreme Court in Summerlin held that "if the statute * * *              
          undertakes to invalidate the claim of the United States, so that it         
          cannot be enforced at all, because not filed within * * * [the              
          statutory period], we think the statute in that sense transgressed          
          the limits of state power."  Id. at 417.                                    





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