Davis and Lois Etkin - Page 30

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        levies for the taxable years 1997-99 were filed and very close to             
        the filing of the notice of Federal tax lien on April 5, 2002.10              
        Previous cases have upheld the Commissioner’s determination that              
        the taxpayer did not meet the threshold factors under Rev. Proc.              
        2000-15, sec. 4.01(6), on the basis of the sequence of events and             
        the proximity of the transfer to any action on behalf of the IRS.             
        See, e.g., Ohrman v. Commissioner, T.C. Memo. 2003-301.  In                   
        Ohrman, the taxpayers entered into a separation agreement shortly             
        after the Commissioner proposed adjustments to their tax                      
        liability.  The result of the separation agreement was the                    
        transfer of assets from the taxpayer’s husband to her.  The                   
        husband, however, continued to pay all of the expenses, and the               
        taxpayer continued to engage in a marital relationship with her               
        husband.  The Commissioner concluded that the transfer of assets              
        between the taxpayers was an effort to shield those assets from               
        the Commissioner’s attempt to collect the tax liability.  The                 
        Commissioner based his conclusion on the proximity of the transfer            
        to the taxpayer’s learning of the potential liability.  Given that            
        there was no logical reason for the transfer that could be                    
        substantiated and that the transfer was proximate to the inception            
        of the taxpayer’s knowledge of the liability for the taxable years            


               10We determined, on the basis of petitioners’ sworn                    
          statements, that the boat and the car were transferred sometime             
          between Mar. 28, 2001, and Jan. 1, 2003.  The notice of Federal             
          tax lien for the taxable year 2000 was filed on Apr. 5, 2002.               





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