Thomas H. Scott and Lynn D. Scott, Transferees - Page 57

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          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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