- 4 - 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 thePage: Previous 1 2 3 4 5 6 7 8 Next
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