- 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.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011