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asserts that it is not inequitable to hold petitioner liable and
that petitioner could have taken action to prevent the interest
from accruing and chose not to do so.
There is a distinction between a liability as a transferee
and as a taxpayer. Construing the procedural provisions of the
Revenue Act of 1926, ch. 27, 44 Stat. 9, relating to taxpayers
and transferees, this Court stated:
The two liabilities are separate and distinct, arise
from different states of fact and are based upon
entirely different theories. They present two distinct
causes of action upon either of which it would
naturally be assumed proceedings might be maintained
independently. * * * [Michael v. Commissioner, 22
B.T.A. 639, 642 (1931), affd. 75 F.2d 966 (2d Cir.
1935); emphasis added.]
New York Trust Co. v. Commissioner, 26 T.C. 257, 261 (1956); Milk
Bottle Exch., Inc. v. Commissioner, 43 B.T.A. 33, 36 (1940).
That the same person appears in different capacities does not
call for a different result. United States v. Floersch, 276 F.2d
714 (10th Cir. 1960); New York Trust Co. v. Commissioner, supra
at 261.
Section 6013(e) relieves a taxpayer of liability arising
from the filing of a joint return. The section provides:
(e) Spouse Relieved of Liability in Certain
Cases.--
(1) In general.--Under regulations prescribed
by the Secretary, if--
(A) a joint return has been made under
this section for a taxable year * * *
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