David D. Le, a.k.a. David Dung Le, a.k.a. Dung V. Le and Kim Huong Le, a.k.a. Kim Le, et al. - Page 24

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          petitioner and Ms. Le are liable as transferees under State law             
          or equity.  Sec. 6902(a); Gumm v. Commissioner, supra at 479-480.           
               We begin with the procedural requirements.  They are:                  
          (1) That the alleged transferee received property of the                    
          transferor; (2) that the transfer was made without adequate                 
          consideration; (3) that the transfer was made during or after the           
          period for which the transferor’s tax liability accrued; (4) that           
          either the transferor was insolvent before or because of the                
          transfer of property, or the transfer of property was one of a              
          series of distributions of property that resulted in the                    
          insolvency of the transferor; (5) that all reasonable efforts to            
          collect from the transferor were made, and further collection               
          efforts would be futile; and (6) the value of the transferred               
          property (which determines the limit of the transferee’s                    
          liability).  Gumm v. Commissioner, supra at 480.                            
               On the basis of the record, we conclude that respondent has            
          met each of these procedural requirements.  First, the Les                  
          received corporate funds from DDL in each subject year as                   
          indicated by the diverted checks.  Second, corporate funds were             
          diverted from the corporation to the Les without adequate                   
          consideration.  Third, the Les diverted these funds while DDL’s             
          tax liabilities for the subject years accrued.  Fourth, taking              
          into account DDL’s unpaid tax liabilities, DDL did not have                 
          sufficient assets to pay all of its debts.  Fifth, respondent has           






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