- 11 - A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. [Cal. Civ. Code sec. 3439.05 (West 1997).] This statute has been interpreted in the context of tax disputes to require proof of four elements as a prerequisite to imposing transferee liability: (1) The transferor owed a debt to the IRS, (2) the claim of the IRS arose before the transfer was made, (3) the transferor made the transfer without receiving reasonably equivalent value in exchange, and (4) the transferor was insolvent at the time of the transfer or became insolvent as a result of the transfer. See Locke v. Commissioner, T.C. Memo. 1996-541, affd. without published opinion 152 F.3d 927 (9th Cir. 1998); O’Sullivan v. Commissioner, T.C. Memo. 1994-17. Transferee liability is generally limited to the value of the assets received from the transferor. See Gumm v. Commissioner, supra at 480; Locke v. Commissioner, supra. However, where the value of the assets transferred is less than the tax debt of the transferor, the liability of the transferee for interest from the date of the transfer to the date of the notice of transferee liability is determined by State law. See Stansbury v. Commissioner, 104 T.C. 486, 493 (1995); Swinks v.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