- 17 - establish a different value for the items on the estate tax return. Because the decedent's entire estate was transferred to petitioner upon the decedent's death, the estate became insolvent as a result of the transfer. Respondent has satisfied her burden and established transferee liability. Accordingly, petitioner is liable for the amount of the deficiency plus any allowable interest to the extent that it does not exceed the amount the decedent transferred to petitioner. Yagoda v. Commissioner, 39 at 185. Notwithstanding the items that petitioner attempted to revalue, petitioner's undisputed receipt of the amounts listed as annuities in the decedent's estate tax return would have provided petitioner with funds exceeding petitioner's transferee liability. Because the value of the items transferred exceeds the transferee liability, petitioner is liable for the entire amount determined. Yagoda v. Commissioner, Id. at 185; Brown v. Commissioner, 24 T.C. 256, 267 (1955). Finally, petitioner asserts that, if she is liable as a transferee, she should be relieved of her liability because she is an "innocent spouse". Petitioner argues that it is inequitable to hold her responsible for the amounts due, particularly for the interest. Respondent asserts that the "innocent spouse" defense is not available in a transferee liability case. Respondent furtherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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