- 57 -
the extent of $95,072. Accordingly, we shall not sustain re-
spondent's determinations against Ms. Scott.
Having found Mr. Scott liable as a transferee for MSSTA's
unpaid tax liability to the extent of $104,580, we shall consider
respondent's contention that, under Colo. Rev. Stat. sec. 5-12-
102 (1998) (Colorado statutory interest provision), Mr. Scott is
liable for interest from March 15, 1990, viz., the date on which
MSSTA became liable for MSSTA's unpaid tax liability, to January
10, 1995, viz., the date on which respondent issued the notice to
Mr. Scott.21
The Colorado statutory interest provision states in
pertinent part:
5-12-102. Statutory interest. (1) Except as pro-
vided in section 13-21-101, C.R.S., when there is no
agreement as to the rate thereof, creditors shall re-
ceive interest as follows:
(a) When money or property has been wrongfully
withheld, interest shall be an amount which fully re-
cognizes the gain or benefit realized by the person
withholding such money or property from the date of
wrongful withholding to the date of payment or to the
date judgment is entered, whichever first occurs; or,
at the election of the claimant,
(b) Interest shall be at the rate of eight percent
per annum compounded annually for all moneys or the
value of all property after they are wrongfully with-
held or after they become due to the date of payment or
to the date judgment is entered, whichever first
occurs.
21 See supra note 2.
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