Carrie H. Suchar, Transferee, et al. - Page 18

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          unpaid Federal taxes owed by a transferor of the assets.                    
          Commissioner v. Stern, 357 U.S. 39, 45 (1958); Bresson v.                   
          Commissioner, 111 T.C. 172 (1998), affd. 213 F.3d 1173 (9th Cir.            
          2000).                                                                      
               Section 6901 does not create a tax liability for the                   
          transferee but only provides to respondent a secondary liability            
          in the transferee (which liability is therefore referred to as a            
          “transferee liability”) or method by which respondent may collect           
          from the transferee unpaid taxes owed by the transferor.                    
          Phillips v. Commissioner, 283 U.S. 589, 594 (1931); Mysse v.                
          Commissioner, 57 T.C. 680, 700-701 (1972).                                  
               Respondent bears the burden of proof with regard to asserted           
          transferee status under section 6901.  Sec. 6902(a); Rule 142(d).           
               Depending on the provisions of the particular State law and            
          the rules of equity that are involved in a case, factors                    
          generally relevant in considering transferee liability have been            
          described as follows:                                                       

               (1) whether the transferees received property of the                   
               transferor; (2) whether the transfer was made without                  
               adequate consideration; (3) whether the transfer was made              
               during or after the period for which the transferor’s tax              
               liability accrued; (4) whether the transferor was insolvent            
               before or because of the transfer of property or whether the           
               transfer of property was one of a series of distributions of           
               property that resulted in the insolvency of the transferor;            
               (5) whether all reasonable efforts to collect from the                 
               transferor were made and further collection efforts would              
               have been futile; and (6) the value of the transferred                 
               property (which generally determines the limit of a                    
               transferee’s liability).  Gumm v. Commissioner, 93 T.C. 475,           





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