Laura A. Loveland Espinosa - Page 21




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          situation had forced him to cease making payments on his tax                
          liabilities some years earlier.  Even the bank and brokerage                
          accounts he once possessed had been dissipated.  At the time of             
          trial, Mr. Espinosa still owned neither a residence nor a car,              
          and nothing in the record would indicate any other potential                
          assets.  Respondent was entitled to proceed directly against                
          petitioner as transferee in determining and assessing                       
          deficiencies and additions to tax.  Because the notice sent to              
          petitioner informs her of the nature and extent of the                      
          deficiencies and additions being claimed against Mr. Espinosa, it           
          constitutes a proper assertion of transferee liability.                     
               2.  Existence of Fraudulent Transfer                                   
               Having thus determined that respondent’s efforts to impose             
          transferee liability are not defeated by absence of prior                   
          procedural steps, we next consider whether respondent has                   
          sustained the burden of establishing that Mr. Espinosa’s transfer           
          of stock to petitioner qualifies as fraudulent pursuant to                  
          California law.  We begin our examination of this question with             
          the issue of constructive fraud, as a finding thereof will make             
          unnecessary further probing of Mr. Espinosa’s subjective intent.            
               Turning to the first of the four elements required to                  
          establish a constructively fraudulent transfer under section                
          3439.05 of the California Civil Code, we conclude that Mr.                  
          Espinosa owed, and continues to owe, a debt to the IRS.  At the             






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