Krause v. Krause, No. 10-3012 (10th Cir. 2011)
Annotate this CaseThe taxpayer has a long history of disputes with the IRS. He created alter ego companies, intentionally destroyed records, and fraudulently conveyed assets to trusts for his sons. His sons challenged a bankruptcy court determination that a lien attached under 29 U.S.C. 6321 to their trusts. The district court and Tenth Circuit affirmed. Creation of the trusts had all of the elements of a fraudulent transfer under Kansas law, particularly lack of consideration and retaining control. The father/transferor, therefore, retained property rights in the trusts under federal law. The sons lack standing to challenge sanctions relating to the alter ego companies and destruction of records.
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