Harvey M. Pert, Transferee - Page 11

                                       - 11 -                                         

          830 (1967); Jahncke Serv., Inc. v. Commissioner 20 B.T.A. 837               
          (1930).  In Krueger, we noted that "it would be a strange rule to           
          confer upon the transferee broader rights than the transferor by            
          allowing the transferee to relitigate an issue when a transferor            
          is denied that privilege."  Krueger v. Commissioner, supra at               
          830.3                                                                       
               In First Natl. Bank v. Commissioner, supra, the Court of               
          Appeals for the Seventh Circuit said:                                       
                    It is intended by the statute that the                            
               commissioner shall pursue the liability against the                    
               property of the taxpayer whether retained by the latter                
               or transferred gratuitously by him to others.  There is                
               in this situation privity of title to the assets                       
               transferred and now sought to be reached by virtue of                  
               the statute.  * * *                                                    
               [the transferees] took the property * * * subject to                   
               the statutory liability and, that being fixed, in the                  
               absence of fraud, collusion or lack of jurisdiction,                   
               they are bound by the determination.  * * *                            
          First Natl. Bank v. Commissioner, supra at 262.                             
               Petitioner points out that in Phillips v. Commissioner, 178            
          F.2d 270, 271 (3d Cir. 1949), affg. 8 T.C. 1286 (1947)                      
          supplemented by 11 T.C. 653 (1948), the Court of Appeals for the            
          Third Circuit held that a final closing agreement (Form 866)                
          under section 3720 of the Internal Revenue Code of 1939 (the                
          predecessor to section 7121) between a corporation and the                  


               3 In light of our holding that a transferee or successor               
          transferee is bound by a transferor's closing agreement under               
          sec. 7121 as a matter of law, we need not further address                   
          petitioner's contention that petitioner is not in privity with              
          Timothy Riffe.                                                              



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011