- 19 - for Federal tax purposes even if it is valid under State law. See Gregory v. Helvering, 293 U.S. 465, 469 (1935); Neely v. United States, 775 F.2d at 1094; Zmuda v. Commissioner, 731 F.2d 1417, 1421 (9th Cir. 1984), affg. 79 T.C. 714 (1982). 4. Petitioner's Other Contentions Petitioner contends that he is not liable for tax on amounts paid to Arivada unless respondent proves that Arivada is the transferee of petitioner under section 6901. Petitioner also contends that we may consider whether, under the Federal Debt Collection Act (FDCA), 28 U.S.C. sections 3001-3015, and the Federal Fraudulent Transfers Act (FFTA), 28 U.S.C. sections 3301- 3308, Arivada is a transferee of petitioner. We disagree. These authorities are irrelevant to the issues before us. Petitioner contends that Chisum had the only copy of the Arivada trust instrument and that petitioner was prejudiced by the Court's severing of petitioner's case from Arivada's on the morning of trial and the day that Arivada filed a petition in bankruptcy. Petitioner contends that he could not have compelled Chisum to produce the trust instrument absent a subpoena and that he had insufficient time to do so after the Court severed the two cases. Petitioner’s contention assumes that Chisum would not cooperate voluntarily with him; petitioner did not make that showing. On the contrary, it appears from the record that they were cooperating fully.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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