Fried v. Commissioner
United States Tax Court
Jeopardy notice demands in the total amount of $ 357,586.23 were served on Meyer and Fanny Fried on March 27, 1952, for income tax, interest, and penalties for the years 1942 to 1949, inclusive. Such liability had not been wholly satisfied at the date of the hearing herein on October 5, 1955. Between February 3, 1953, and January 4, 1954, Meyer Fried deposited a total of $ 14,000 in a savings account for his minor son, Elliott; he and his wife were trustees of such account.
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Jeopardy notice demands in the total amount of $ 357,586.23 were served on Meyer and Fanny Fried on March 27, 1952, for income tax, interest, and penalties for the years 1942 to 1949, inclusive. Such liability had not been wholly satisfied at the date of the hearing herein on October 5, 1955. Between February 3, 1953, and January 4, 1954, Meyer Fried deposited a total of $ 14,000 in a savings account for his minor son, Elliott; he and his wife were trustees of such account. The respondent determined the transferee liability here in issue on April 12, 1954. On demand of the director of…
1Opinion of the Court
OPINION'.
Rice, Judge:
The respondent mnst affirmatively establish the transferee liability which he determined in his deficiency notice.1 Such transferee liability may be established at law or in equity.2 The respondent argues that Meyer and Fanny Fried transferred $14,000 to their minor son, Elliott, with intent to hinder, delay, and defraud the United States, a creditor, and that such transfers are, therefore, void under Missouri law.
The Frieds argue that the respondent has not shown Meyer’s insolvency at the time the transfers in question were made, and, hence, transferee liability has not…
2Cases cited3 opinions
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Noell v. CommissionerUnited States Tax Court · 1955
- Hale v. HummelCourt of Appeals for the Eighth Circuit · 1933
3Cited by12 opinions
- Kreps v. CommissionerUnited States Tax Court · 1964
- Papineau v. CommissionerUnited States Tax Court · 1957
- Bartmer Automatic Self Service Laundry, Inc. v. CommissionerUnited States Tax Court · 1960
- Morrison Industries, Inc. v. CommissionerUnited States Tax Court · 1962
- Bartmer Automatic Self Service Laundry, Inc. v. CommissionerUnited States Tax Court · 1960
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