- 10 - Stern, 357 U.S. 39, 42-47 (1958); Hagaman v. Commissioner, 100 T.C. 180, 183 (1993). Section 6901 does not create or define a transferee's liability. Commissioner v. Stern, supra at 42-43; Hagaman v. Commissioner, supra. For purposes of this case, the existence and extent of a transferee's liability, at law or in equity, is determined by State law.8 Commissioner v. Stern, supra at 44-45; Hagaman v. Commissioner, supra at 183-185. Thus, State law determines the elements of liability, and section 6901 provides the remedy or procedure to be employed by the Commissioner as the means of enforcing that liability. Ginsberg v. Commissioner, 305 F.2d 664, 667 (2d Cir. 1962), affg. 35 T.C. 1148 (1961). Respondent bears the burden of proving petitioners' liability as transferees. Sec. 6902(a); Rule 142(d). Respondent calculated the extent of petitioners' transferee liability by adding the individual values of the property Mr. Fisher conveyed to petitioners as follows: Value as determined Property by respondent Real property located at $17,129 6913 Apalachee Parkway less outstanding mortgage Mortgage payments made by 55,930 Mr. Fisher, subsequent to 6/6/91, including interest Checks 14,457 Total $87,516 8There are some situations where the existence and extent of transferee liability is a matter of Federal law. See, e.g., sec. 6324(a)(2) and (b).Page: 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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