Jeff A. Wiltzius, Transferee - Page 22

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          House of Babes no longer had the note.  Thus, the transfer left              
          House of Babes insolvent.                                                    
               2.   Petitioners' Other Contentions                                     
               Petitioners contend that, as shareholders, they are entitled            
          to a return of their capital in House of Babes even if respondent            
          establishes that they are liable as transferees.  Petitioners                
          offer no authority to support their claim.                                   
               Petitioners contend that respondent could have collected the            
          tax liability from House of Babes.  We disagree.  The                        
          Commissioner is not required to try to collect from a transferor             
          if it would be futile to do so.  Flynn v. Commissioner, 77 F.2d              
          180, 183 (5th Cir. 1935), affg. Cleveland v. Commissioner, 28                
          B.T.A. 578 (1933); City Natl. Bank v. Commissioner, 55 F.2d 1073,            
          1073-1074 (5th Cir. 1932), affg. National Bank of Commerce v.                
          Commissioner, 19 B.T.A. 1080 (1930); Gumm v. Commissioner, 93                
          T.C. at 484; Kreps v. Commissioner, 42 T.C. 660, 671 (1964),                 
          affd. 351 F.2d 1 (2d Cir. 1965).  It would have been futile for              
          respondent to try to collect from House of Babes after August                
          1986 because House of Babes had no assets and no means of                    
          generating income after August 1986.                                         
               Petitioners contend that respondent should have tried to                
          collect House of Babes' tax liability from House of Babes in 1986            








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