-24- 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 hasPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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