- 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
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