James E. Griffin and Katrina F. Griffin, Transferees - Page 10

                                       - 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).                                                         



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