Thomas H. Scott and Lynn D. Scott, Transferees - Page 59

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          In Mesa Sand & Gravel Co. v. Landfill, Inc., supra at 364, the              
          Colorado Supreme Court stated:                                              
               The purpose of section 5-12-102 [of the Colorado Re-                   
               vised Statutes] is to discourage a person responsible                  
               for payment of a claim to stall and delay payment until                
               judgment or settlement.  Section 5-12-102 recognizes                   
               the time value of money.  It represents a legislative                  
               determination that persons suffer a loss when they are                 
               deprived of property to which they are legally enti-                   
               tled.  [Citations omitted.]                                            
               According to the U.S. Court of Appeals for the Tenth Cir-              
          cuit, to which an appeal in this case would normally lie, "a                
          'wrongful withholding' [under the Colorado statutory interest               
          provision] need not involve actual fraud, or indeed be tortious             
          in nature".  Stansbury v. Commissioner, 102 F.3d 1088, 1093 (10th           
          Cir. 1996), affg. 104 T.C. 486 (1995).  That Court of Appeals               
          found a wrongful withholding under the Colorado statutory                   
          interest provision where the Colorado fraudulent conveyance                 
          statute applied to a transfer of property.  Id.                             
               We have found that MSSTA's transfer to Mr. Scott of $104,580           
          of the amount that it realized from the sale of its assets to AST           
          is subject to the Colorado fraudulent conveyance statute.  We               
          further find that that amount was wrongfully withheld within the            
          meaning of the Colorado statutory interest provision, see Stans-            
          bury v. Commissioner, supra, and that Mr. Scott is liable for               
          interest under the Colorado statutory interest provision from               
          March 15, 1990, to January 10, 1995.                                        






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