- 14 - Texas law, payment in satisfaction of an antecedent debt may be adequate consideration in order to avoid transferee liability. Respondent argues that the record does not contain documentary evidence of a debt.6 However, the preponderance of the evidence shows that, at the time of the transfer, there was a debt due petitioner from JCC. Petitioner testified that he regularly advanced and received funds from his corporations. Petitioner’s uncontroverted testimony, was supported by the testimony of other witnesses. Mr. Boswell testified that petitioner regularly advanced money to the corporation(s) to meet payroll and vendor obligations. The testimony of Mr. Boswell was also uncontroverted. In addition, documents in the record support and corroborate petitioner’s testimony and that of Mr. Boswell. JCC reported shareholder loans due to petitioner in returns of prior years, including the years ending June 30, 1988, and 1989. Most significantly, petitioner reported $25,924 of imputed interest income from the corporation(s) on his 1991 individual income tax return. On that point, Mr. Boswell testified that “there were no 5(...continued) sold the asset in an arm’s-length transaction. The Texas UFTA includes in its definition of “value” an antecedent debt that the transfer satisfies. 6 Respondent contends that his burden was satisfied because of petitioner’s failure to offer documentary evidence of debt. That contention alone would not make a prima facie showing with respect to transferee liability. Ultimately, this issue has evolved into a factual and legal dispute about whether there was adequate consideration for the transfer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011