Lee M. Bentley and Amsouth Bank of Florida, (f.k.a. First National Bank of Clearwater), Co-Trustees of The Seymour C. Mickler Trust, fbo Laura M. Bentley - Page 4

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            therefrom, in the light most favorable to the opposing party.                               
            Naftel v. Commissioner, supra at 529.                                                       
                  In their above-referenced motion for partial summary                                  
            judgment, petitioners advance two arguments.  They first contend                            
            that the Court's decision in docket No. 15954-94 is dispositive                             
            on the issue of estate tax liability not only with respect to the                           
            estate but also with respect to them as transferees.  In short,                             
            petitioners argue that they cannot be liable for the estate tax                             
            deficiency because the estate was found not liable for such                                 
            deficiency.                                                                                 
                  This argument is without merit and must be rejected.  A                               
            finding that a statute of limitation precludes collection of a                              
            tax does not equate to an abatement of such tax.  Campbell v.                               
            Holt, 115 U.S. 620 (1885); Lucia v. United States, 474 F.2d 565                             
            (5th Cir. 1973); City Natl. Bank v. Commissioner, 55 F.2d 1073                              
            (5th Cir 1932); Dillman v. Commissioner, 64 T.C. 797, 802 (1975).                           
            In other words, it is the remedy for collecting a tax, not the                              
            right to collect such tax, that is destroyed by a statute of                                
            limitation.  Once a remedy has been destroyed by operation of                               
            law, however, the right remains enforceable if there is an                                  
            alternative remedy.  The principles of transferee liability                                 
            provide respondent with such alternative remedy.  Stated simply,                            
            the Court's holding in Estate of Mickler v. Commissioner, docket                            
            No. 15954-94, did nothing more than preclude respondent's attempt                           
            to collect a tax deficiency from the estate on grounds that the                             




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