Estate of Frank Johnson - Page 25




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          tax and penalties for 1983 through 1990 on the last day of each             
          of those taxable periods during which the tax liability accrued.            
          Thus, respondent asserts, Frank and Katherine owed the tax                  
          liabilities, additions to tax and penalties to respondent before            
          Frank and Katherine made the subject transfers to Larry, Ronnie,            
          and Sylvia.  We agree that respondent was a creditor of Frank and           
          Katherine at least by April 16, 1984, because Federal taxes are             
          considered due and owing, and constitute a liability regardless             
          of when they are assessed, no later than the date the tax return            
          for the particular period is required to be filed.  See United              
          States v. Hickox, 356 F.2d 969, 972-973 (5th Cir. 1966); Hagaman            
          v. Commissioner, 100 T.C. at 185; Papineau v. Commissioner, 28              
          T.C. 54, 58 (1957); Veigle v. United States, 873 F. Supp. at 625;           
          Harper v. United States, 769 F. Supp. at 366-367; United States             
          v. Ressler, 433 F. Supp. at 463.                                            
               Respondent contends that the following badges of fraud apply           
          to the transfers Frank and Katherine made to Larry, Ronnie, and             
          Sylvia: (1) Lack of consideration, (2) close family relationship,           
          (3) concealment of assets as a result of the difficulty in                  
          tracing cash, (4) the transfer of virtually all of their assets,            
          and (5) insolvency resulting from the pattern of transfers.                 
               Petitioners deny that Frank and Katherine concealed any                
          gifts to Larry, Ronnie, and Sylvia.  They also contend that Frank           
          and Katherine were not insolvent after the transfers were made.             






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