- 10 - enforcing the existing liability of the transferor. See Commissioner v. Stern, 357 U.S. 39, 42 (1958); Coca-Cola Bottling Co. v. Commissioner, 334 F.2d 875, 877 (9th Cir. 1964), affg. 37 T.C. 1006 (1962); Bresson v. Commissioner, 111 T.C. 172, 179 (1998); Gumm v. Commissioner, 93 T.C. 475, 479 (1989), affd. without published opinion 933 F.2d 1014 (9th Cir. 1991). The substantive question of whether or to what extent a particular transferee may be held liable at law or in equity for a transferor’s obligation is determined by State law. See Commissioner v. Stern, supra at 45; Coca-Cola Bottling Co. v. Commissioner, supra at 877; Bresson v. Commissioner, supra at 180; Gumm v. Commissioner, supra at 485. Since the transfer of stock at issue here occurred in California, California law governs. See Coca-Cola Bottling Co. v. Commissioner, supra at 877; Bresson v. Commissioner, supra at 180. The California Uniform Fraudulent Transfer Act, applicable to transfers made on or after January 1, 1987, includes provisions imposing transferee liability on grounds of both actual and constructive fraud. See Cal. Civ. Code secs. 3439.04, 3439.05, 3439.12 (West 1997). A transfer is actually fraudulent when made “With actual intent to hinder, delay, or defraud any creditor of the debtor.” Cal. Civ. Code sec. 3439.04(a) (West 1997). As regards constructive fraud, the provision of California law most relevant here states:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011