- 113 - 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.Page: Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
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