- 5 - 1. Timeliness of Notices of Donee/Transferee Liability Petitioners argue that the Commissioner issued the notices of donee/transferee liability after the limitations period expired. We hold that the notices were timely. Section 6901(a)(1)(A)(iii) provides that the liability of a transferee of property shall be assessed and collected in the same manner and subject to the same limitations as the liability of the donor. In accordance with section 6901(c), the period of limitations for assessment against an initial transferee "shall be * * * within 1 year after the expiration of the period of limitation for assessment against the transferor". And section 6901(h) defines "transferee" as including a donee. Moreover, petitioners have already stipulated that they are transferees. Therefore, the period of limitations for assessment applicable to petitioners expired 1 year after the expiration of the donor's limitations period. In order to decide whether an assessment 2(...continued) 654 (1994), this Court denied Joseph's motion and held that IRS collection efforts pursuant to sec. 6324(b) are not otherwise subject to the normal deficiency procedures set forth in secs. 6211 through 6216. Joseph's petition for redetermination is currently set for trial in Richmond, Virginia, on Jan. 22, 1996. Of course, if Joseph is found to be liable as a donee/transferee, and if he pays the amount so determined, petitioners herein might be relieved of liability of all or at least a portion of the $93,300 for which we have found them liable, depending upon how much Joseph pays. Also, we do not express any view as to the rights of petitioners and Joseph inter sese.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011