Estate of Florence H. Devida Johnson - Page 10




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          Romani, 523 U.S. 517 (1998); 42 Pa. Cons. Stat. sec.                        
          4303(a)(1995).  Here, the stipulated facts reveal only that two             
          judgments were entered against Mr. Johnson.6  On this record, we            
          are unable to find that either Benton Dental or Ms. Johnson was a           
          "judgment lien creditor" within the meaning of section 6323.  The           
          Estate of Romani case is inapposite,7 and we hold Ms. Johnson is            
          personally liable as a fiduciary to the extent of $30,000.                  
               Finally, petitioner contends that, if Ms. Johnson is liable,           
          that liability is capped at the value of the assets transferred             
          and may not extend to interest beyond that cap.  Respondent                 
          contends Ms. Johnson is liable for interest on the obligation               



               6The regulations specifically provide the judgment creditor            
          must comply with local law for creating and perfecting                      
          (recording) the judgment in order to be a "judgment lien                    
          creditor" entitled to priority over a recorded tax lien.  See               
          sec. 301.6323(h)-1(g), Proced. and Admin. Regs.                             
               7Even if each judgment creditor had recorded the judgment              
          when it was obtained, respondent would still prevail under the              
          holding in United States v. Estate of Romani, supra, as to taxes            
          for 1979, 1980 and 1981.  Prior to all disbursements at issue,              
          respondent properly filed notices of Federal tax lien for those             
          years.  The liens for 1979 and 1980, were properly refiled under            
          sec. 6323(g)(3) and were still valid when the two judgments were            
          issued.  As to 1981 taxes, respondent did not refile the lien,              
          but the original lien remained unexpired and in effect as of when           
          the judgments were obtained.  The collection statute was stayed             
          for more than 4 years while Mr. Johnson was in bankruptcy.  See             
          sec. 6503(h).  Further, Congress extended the collection statute            
          of limitations from 6 years to 10 years in 1990.  See Ominibus              
          Budget Reconciliation Act of 1990, Pub. L. 101-508, sec. 11317(b)           
          and (c), 104 Stat. 1388, 1388-458 (1990)(with retroactive effect            
          for taxes assessed on or before Nov. 5, 1990, if the collection             
          statute was otherwise still open).                                          




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