Bruce L. Carpenter and Carolyn L. Carpenter - Page 8

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          from New EOCC to the foundation constituted a fraudulent convey-            
          ance under applicable Oregon law and that therefore the United              
          States had demonstrated a sufficient nexus between EOCC and that            
          property to make the levy on that property valid for the purpose            
          of collecting EOCC's tax liability.                                         
               With respect to the United States' contention that the Modoc           
          levy for petitioners' tax liability was proper, the District                
          Court explained that if it were to find that the foundation was             
          either a nominee of petitioners or a sham entity, there would be            
          a sufficient nexus between petitioners and the Modoc property to            
          make the Modoc levy valid for the purpose of collecting petition-           
          ers' tax liability.  The District Court found on the record                 
          before it that the foundation was both a nominee of petitioners             
          and a sham entity and that there was a sufficient nexus between             
          petitioners and the Modoc property to make the levy on that                 
          property valid for the purpose of collecting petitioners' tax               
          liability.  The District Court stated in pertinent part:                    
                    It is clear from the facts, cited in defendant's                  
               memorandum and reply memorandum and contained in the                   
               statement of facts, that * * * [petitioners], espe-                    
               cially [petitioner] Bruce Carpenter, maintained total                  
               control over the * * * [foundation].  It is also clear                 
               from the facts that * * * [petitioners] transferred the                
               Modoc property from * * * EOCC to New EOCC and from New                
               EOCC to * * * [the foundation] in anticipation of the                  
               income tax deficiencies. * * * It is also clear from                   
               the facts that the funds used to purchase the Modoc                    
               property are properly attributed to * * * [petitioners]                
               as set forth in defendant's reply memorandum. * * *                    
               [Petitioners] continue to enjoy possession, control,                   
               and the benefits of * * * [the foundation's] assets,                   




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