United States v. Goldstein
Opinion of the Court
SUMMARY ORDER
Defendants-appellants Arthur and Joan Goldstein appeal from the February 11, 2005 order of the United States District Court of the Southern District of New York (Batts, J.) denying the Goldsteins’ motion to vacate a default judgment entered against them on May 18, 2004. We assume the parties’ familiarity with the underlying facts of the case, its procedural history and the arguments on appeal.
We reject the Goldsteins’ claim that the district court erred in concluding that they did not have a meritorious defense to the Government’s claims. Their argument that much of Arthur’s tax liability was “negated” by the Government’s failure to timely file its claims fails because the Government filed its complaint, which asserts claims to collect taxes, within the 10-year limitations period set forth in section 6502(a) of the Internal Revenue Code. See United States v. Summerlin, 310 U.S. 414, 416, 60 S.Ct. 1019, 84 L.Ed. 1283 (1940) (“[T]he United States is not bound by state statutes of limitation ... in enforcing its rights.”). The Goldsteins’ argument that the Scarsdale property was transferred from Arthur to Joan “at a time when no taxes were owed by Arthur Gold-stein to the Government, except a small amount of interest” also fails because, under New York law, a conveyance that is fraudulent is presumed so for future, as well as present, creditors. See N.Y. Debt. & Cred. L. § 275.
For the foregoing reasons, we AFFIRM the judgment of the district court.
Reference
- Full Case Name
- United States v. Arthur GOLDSTEIN, Joan Goldstein
- Cited By
- 1 case
- Status
- Published