Harvey M. Pert, Transferee - Page 21

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          Riffe's assets or as a successor transferee of Mrs. Pert's                  
          assets.                                                                     
          A.   Background                                                             
               1.   Transferee Liability                                              
               The Commissioner may collect unpaid income taxes of a                  
          transferor of assets from a transferee or a successor transferee            
          of those assets.  Sec. 6901(a), (c)(2); Commissioner v. Stern,              
          357 U.S. 39, 42 (1958); Stansbury v. Commissioner, 104 T.C. 486,            
          489 (1995), affd. 102 F.3d 1088 (10th Cir. 1996).  Petitioners              
          bear the burden of proving that the transferor is not liable for            
          tax and additions to tax.  Sec. 6902(a).  In accordance with our            
          holding in Pert v. Commissioner, supra, Mr. Riffe and Mrs. Pert             
          are liable for the tax and additions to tax in the amounts set              
          forth in the stipulated decision in docket No. 15214-91 and in              
          the closing agreements with respondent.                                     
               The Commissioner bears the burden of proving that a taxpayer           
          is liable as a transferee.  Sec. 6902(a); Rule 142(d); Gumm v.              
          Commissioner, 93 T.C. 475, 479-480 (1989), affd. without                    
          published opinion 933 F.2d 1014 (9th Cir. 1991).  State law                 
          generally determines the extent of a transferee's liability.                
          Commissioner v. Stern, supra at 45; Gumm v. Commissioner, supra             
          at 479.  We apply Florida law in deciding whether petitioners are           
          liable as transferees under section 6901 because all of the                 







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