Harvey M. Pert, Transferee - Page 46

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          respondent did not properly credit Mrs. Pert's payments of                  
          $50,000 that she made on June 27, 1991, and $20,000 that she made           
          on December 11, 1991.  We disagree.  On July 2, 1991, respondent            
          credited Mrs. Pert's $50,000 payment by applying $28,976 to 1986            
          and $21,024 to 1989 ($50,000 total).  On December 20, 1991,                 
          respondent credited Mrs. Pert's $20,000 payment by applying                 
          $15,000 to 1986 and $5,000 to 1988.                                         
          F.   Mrs. Pert's Motion To Enter Decision Based on U.S.                     
               Bankruptcy Court Order                                                 
               Mrs. Pert filed a motion to enter decision in her favor                
          based on the order of the U.S. Bankruptcy Court for the Middle              
          District of Florida, Tampa Division, that transferee liability is           
          not a tax, but is a general unsecured claim that is not excepted            
          from discharge under 11 U.S.C. sections 507 or 523 (1994) of the            
          Bankruptcy Code.  In re Pert, No. 93-13179-8B7 (M.D. Fla. Sept.             
          27, 1996) (order granting debtor's motion for summary judgment).            
          The U.S. Bankruptcy Court concluded that Mrs. Pert's previous               
          discharge applied to her transferee liability.  Respondent                  
          objected to Mrs. Pert's motion.                                             
               Our conclusion here does not conflict with the U.S.                    
          Bankruptcy Court's Order.  We are not deciding whether Mrs. Pert            
          was discharged of transferee liability under the bankruptcy laws;           
          we are deciding whether Mrs. Pert is liable as a transferee and             
          whether Mr. Pert is liable as a successor transferee under the              
          Internal Revenue Code.  Neither party has informed us that there            




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