- 28 - taxpayer is liable as a transferee. See sec. 6902(a); Rule 142(d). Although section 6901 provides a method by which to collect the tax, liability of a transferee is a question of State rather than Federal law, and the law of the State where the transfer took place normally applies. See Commissioner v. Stern, supra; Fibel v. Commissioner, 44 T.C. 647, 657 (1965). Here, the transfers took place in Nebraska; consequently, we apply Nebraska law. Nebraska's Uniform Fraudulent Conveyance Act, Neb. Rev. Stat. secs. 36-601 to 36-613 (reissue 1988), as in effect at the time of the transfers, see Schall v. Anderson's Implement, Inc., 484 N.W.2d 86, 89-90 (Neb. 1992),7 permits a court to void a debtor's transfer of property if the transfer was made absent fair consideration and left the debtor insolvent (i.e., without enough property to pay his debts), or if the transfer was made with an actual intent to hinder, delay, or defraud a creditor. Nebraska Rev. Stat. sec . 36-604 (reissue 1988) provides: 36-604. Conveyance by insolvent; fraudulent. Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his or her actual intent if the conveyance is made or the obligation is incurred without a fair consideration. 7 In 1989, the Nebraska legislature enacted the Uniform Fraudulent Transfer Act (UFTA), Neb. Rev. Stat. secs. 36-701 to 36-712 (Cum. Supp. 1990). The UFTA replaced the 1980 Uniform Fraudulent Conveyance Act (UFCA), Neb. Rev. Stat. secs. 36-601 to 36-613, which is involved herein.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011