- 55 - MSSTA realized from the sale of its assets to AST (i.e., a 10.5- percent stock interest in AST and $9,508 in cash) was made by MSSTA, the transferor, to Mr. Scott, the transferee, with the intent to hinder, delay, or defraud the Service within the mean- ing of the Colorado fraudulent conveyance statute.19 We further find that Mr. Scott is liable as a transferee of property of MSSTA for MSSTA's unpaid tax liability to the extent of $104,580. We shall now address respondent's position regarding Ms. Scott. In support of respondent's contention that Ms. Scott, as a transferee of property of MSSTA, is liable under the Colorado fraudulent conveyance statute for MSSTA's unpaid tax liability to the extent of $95,072, respondent asserts: Mrs. Scott could not even recite what kind of consid- eration she paid for the AST stock that constitutes the property she received from MSSTA. She asked no ques- tions at all during the closing of the transactions. Moreover, to the extent that she stands as a nominee of Mr. Scott, his conduct should be imputed to her. Regardless of her head-in-the-sand approach, Mrs. Scott's receipt of MSSTA's assets [was] part of a series of transactions that left MSSTA insolvent. This badge of fraud, along with the indifference to the transactions, support a finding of liability as to Mrs. Scott * * *. On the instant record, we find that respondent has failed to establish that Ms. Scott knew of, or participated in, the intent of MSSTA to hinder, delay, or defraud the Service of MSSTA's un- paid tax liability within the meaning of the Colorado fraudulent conveyance statute. At some undisclosed time prior to September 19 We have considered all of the arguments of petitioners that are not addressed herein, and we find them to be without merit.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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