- 29 - Service.9 We find that Mr. Callison's letter and his testimony to which respondent objects are "Evidence of conduct or state- ments made in compromise negotiations", Fed. R. Evid. 408, and are inadmissible under FRE 408.10 See McPike, Inc. v. United States, 15 Cl. Ct. 94, 98-99 (1988). We shall now address the transferee liability issues in this case. Respondent bears the burden of showing that each peti- tioner is liable as a transferee of property of MSSTA, but not that MSSTA was liable for MSSTA's unpaid tax liability. See sec. 6902(a); Rule 142(d). Section 6901 provides in pertinent part: SEC. 6901(a). Method of Collection.--The amounts of the following liabilities shall, except as herein- after in this section provided, be assessed, paid, and collected in the same manner and subject to the same provisions and limitations as in the case of the taxes with respect to which the liabilities were incurred: 9 For example, the record shows that the revenue agent auditing MSSTA's 1989 return preliminarily proposed that MSSTA realized $1.6 million from the sale of substantially all of its assets to AST. By way of further illustration, petitioners stated in their 1991 return that the stock of AST that they acquired had "a cost basis of $749,760" which was "the value assigned to * * * [those] shares as determined by the Internal Revenue Service in their examination of * * * [MSSTA]". Nonetheless, the Service and, inter alia, MSSTA and the Scotts ultimately agreed in the closing agreement that MSSTA realized $801,820 from the sale of sub- stantially all of its assets to AST and that $199,652 of (1) the value of the AST stock transferred to the Scotts and (2) the consulting fee paid to Mr. Scott was an amount realized by MSSTA for MSSTA's assets. 10 Even if we had held differently on the evidentiary matters at issue, such a holding would not have affected our conclusions with respect to the transferee liability issues presented.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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