Legal Opinion

Alonso v. Commissioner

United States Tax Court

Decided April 12, 1982No. Docket No. 7874-78PublishedCited by 10 opinions

As of Apr. 3, 1973, petitioner's husband was liable to the Federal Government for substantial amounts of income taxes, additions to tax, and interest. On that day, he transferred four parcels of real estate he owned in fee simple to a strawman who reconveyed the parcels to petitioner's husband and petitioner as tenants by the entirety. Such transfer rendered the husband insolvent under North Carolina law.

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As of Apr. 3, 1973, petitioner's husband was liable to the Federal Government for substantial amounts of income taxes, additions to tax, and interest. On that day, he transferred four parcels of real estate he owned in fee simple to a strawman who reconveyed the parcels to petitioner's husband and petitioner as tenants by the entirety. Such transfer rendered the husband insolvent under North Carolina law. On June 28, 1975, the husband died and the four parcels passed to petitioner in fee simple. Held, petitioner is liable as a transferee of the assets of her husband within the meaning of sec.…

1Opinion of the Court

Nims, Judge:

Respondent determined that petitioner was liable as transferee of the assets of her deceased husband for $37,774.79 in unpaid Federal income taxes, additions to tax, and interest for the taxable years 1966 through 1973.

The issue for decision is whether and to what extent petitioner is liable as a transferee of assets under section 69011 as a result of her receipt in 1973 of an interest in certain realty as a tenant by the entirety, which realty was, prior to the transfer, owned by her husband in fee simple absolute.

FINDINGS OF FACT

Some of the facts have been stipulated and are…

2Cases cited16 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. United States v. BessSupreme Court of the United States · 1958
  3. Commissioner v. SternSupreme Court of the United States · 1958
  4. United States v. Gilbert Associates, Inc.Supreme Court of the United States · 1953
  5. Gobins v. Comm'rUnited States Tax Court · 1952

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Poinier v. CommissionerUnited States Tax Court · 1986
  2. Alonso v. CommissionerUnited States Tax Court · 1982
  3. Connell v. CommissionerUnited States Tax Court · 1993
  4. Connell v. CommissionerUnited States Tax Court · 1992
  5. G&G Records, Inc. v. CommissionerUnited States Tax Court · 1983

5 more not listed; retrieve them via the Exa API.

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