Menotte v. United States (In re Custom Contractors LLC)

Mar

2014

11 U.S.C.
- § 550
- § 550(a)

Ruling:

IRS not liable for fraudulent tax payment which was subsequently refunded to debtor's principal.

Issue:

Could trustee avoid an allegedly fraudulent transfer made by debtor to the IRS towards the tax liability of its principal that was subsequently refunded, or was the IRS a mere conduit?

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Court: 11th Circuit ( Wilson ) [ Circuit Court ]

Commercial case opionion summary, case decided on March 26,2014, LexisNexis #0414-061