§1336
16 cases·16 cited
Statute Text — 26 U.S.C. §1336
Statute text not available for this section.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.1336-1 Basis of recovered property
- Treas. Reg. §Treas. Reg. §1.1336-1(a) General rule.
- Treas. Reg. §Treas. Reg. §1.1336-1(b) Property recovered in taxable year to which section 1333 is applicable.
- Treas. Reg. §Treas. Reg. §1.1336-1(i) If the sum of the recoveries for the day such property is recovered and of all previous recoveries exceeds the aggregate of the allowable deductions for prior taxable years on account of war losses, so that a portion of the recoveries for such day is treated as gain on the involuntary conversion of property, such fair market value of the property is reduced by the total gain, if any, for such day derived from such recovered property as determined under paragraph (b) of § 1.
16 Citing Cases
§ 1336.01(C) (West 2003)). “The IRS may thus have a ‘claim’ for the penalties whether or not they are thought to have been ‘existing at the time of the transfer.’” Ibid. (quoting Stanko, 209 F.3d at 1088). We noted that we had “reached the same conclusion concerning transferee liability for penalties under the fraudulent transfer laws of other Stat
§ 1336.01(C) (West 2003)). “The IRS may thus have a ‘claim’ for the penalties whether or not they are thought to have been ‘existing at the time of the transfer.’” Ibid. (quoting Stanko, 209 F.3d at 1088). We noted that we had “reached the same conclusion concerning transferee liability for penalties under the fraudulent transfer laws of other Stat
§ 1336.01(C) (West 2003)). “The IRS may thus have a ‘claim’ for the penalties whether or not they are thought to have been ‘existing at the time of the transfer.’” Ibid. (quoting Stanko, 209 F.3d at 1088). We noted that we had “reached the same conclusion concerning transferee liability for penalties under the fraudulent transfer laws of other Stat
1336.04(A)(2)(b)); see Or. Rev. Stat. sec. 95.230(1)(b)(B). - 42 - [*42] Oregon's and Ohio's statutes are materially similar. Accordingly, for the reasons we stated in Tricarichi, we find that petitioners are liable under Oregon law for the penalties. III. Federal Transferee Liability For purposes ofsection 6901 the term "transferee" includes
1336.04(A)(2)(b)); see Or. Rev. Stat. sec. 95.230(1)(b)(B). - 42 - [*42] Oregon's and Ohio's statutes are materially similar. Accordingly, for the reasons we stated in Tricarichi, we find that petitioners are liable under Oregon law for the penalties. III. Federal Transferee Liability For purposes ofsection 6901 the term "transferee" includes
1336.04(A)(2)(b)); see Or. Rev. Stat. sec. 95.230(1)(b)(B). - 42 - [*42] Oregon's and Ohio's statutes are materially similar. Accordingly, for the reasons we stated in Tricarichi, we find that petitioners are liable under Oregon law for the penalties. III. Federal Transferee Liability For purposes ofsection 6901 the term "transferee" includes
ourt in settlement ofthe former wife's property rights acquired during her marriage to the owner. We found the transferto be fraudulentwith respect to the Commissioner pursuant to section - 62 - 1336.04 ofthe Ohio Uniform Fraudulent Conveyance Act, sec. 1336.04, Ohio Rev. Code Ann. (Anderson 1961). The owner argued that the Commissioner could not collect from him pursuantto section 6901 because he did not receive any ofthe corporation's assets. We answered: "Although * * * [the owner] did not ph
ourt in settlement ofthe former wife's property rights acquired during her marriage to the owner. We found the transferto be fraudulentwith respect to the Commissioner pursuant to section - 62 - 1336.04 ofthe Ohio Uniform Fraudulent Conveyance Act, sec. 1336.04, Ohio Rev. Code Ann. (Anderson 1961). The owner argued that the Commissioner could not collect from him pursuantto section 6901 because he did not receive any ofthe corporation's assets. We answered: "Although * * * [the owner] did not ph
ourt in settlement ofthe former wife's property rights acquired during her marriage to the owner. We found the transferto be fraudulentwith respect to the Commissioner pursuant to section - 62 - 1336.04 ofthe Ohio Uniform Fraudulent Conveyance Act, sec. 1336.04, Ohio Rev. Code Ann. (Anderson 1961). The owner argued that the Commissioner could not collect from him pursuantto section 6901 because he did not receive any ofthe corporation's assets. We answered: "Although * * * [the owner] did not ph
ourt in settlement ofthe former wife's property rights acquired during her marriage to the owner. We found the transferto be fraudulentwith respect to the Commissioner pursuant to section - 62 - 1336.04 ofthe Ohio Uniform Fraudulent Conveyance Act, sec. 1336.04, Ohio Rev. Code Ann. (Anderson 1961). The owner argued that the Commissioner could not collect from him pursuantto section 6901 because he did not receive any ofthe corporation's assets. We answered: "Although * * * [the owner] did not ph
ting the OUFTA's predecessor). The OUFTA defines "transfer" very broadly to in- clude "every direct or indirect, absolute or conditional, and voluntary or involun- tary method ofdisposing ofor parting with an asset or an interest in an asset." OUFTA sec. 1336.01(L). Respondent argues that petitioner is a liable as a "trans- feree" ofWest Side's cash under four distinct sections ofthe Ohio statute. See id. secs. 1336.04(A)(1) and (2), 1336.05(A) and (B). The first ofthese is an actual fraud provi
Ohio Revised Code section 1336 .07(A) allows a creditor to colle t the assets from the transferee if a transfer is fraudulent under Ohio Revised Code section 1336 .05 .