Harvey M. Pert, Transferee - Page 3

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          (a) By Kathleen Pert, and (b) by Kathleen Pert, personal                    
          representative of the Estate of Timothy C. Riffe, the alleged               
          transferors in this case.  We hold that he may not.                         
               (2)  Whether the statute of limitations bars assessment of             
          transferee liability against petitioner for 1986.  We hold that             
          it does not.  Petitioner does not claim that the statute of                 
          limitations bars the assessment of transferee liability against             
          him for 1987, 1988, or 1989.                                                
               Respondent's motion raises issues of first impression for              
          this Court.  Our decision on both issues is based on our holding            
          that a transferee (and a successor transferee) is bound by a                
          closing agreement made under section 7121 by Commissioner and the           
          transferor.  We leave certain other issues for trial, such as               
          whether (or to what extent) petitioner is a transferee.                     
               References to petitioner are to Harvey Pert.  Kathleen Pert,           
          his wife, was formerly married to Timothy Riffe, deceased.                  
          Kathleen Pert was formerly Kathleen Riffe.                                  
               Section references are to the Internal Revenue Code of 1986            
          as in effect during the years at issue.  Rule references are to             
          the Tax Court Rules of Practice and Procedure.                              
               Summary judgment or partial summary judgment is appropriate            
          if the pleadings, answers to interrogatories, depositions,                  
          admissions, affidavits and any other acceptable materials, show             
          that there is no genuine issue as to any material fact and that a           





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