Walter R. Ripley, Donee-Transferee of Mildred M. Ripley, Donor, and Melynda H. Ripley, Donee-Transferee of Mildred M. Ripley, Donor - Page 5

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          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.                                          




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