- 22 - 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 1986Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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