- 28 - We shall now address the transferee liability issues pre- sented in these cases. Respondent bears the burden of showing that each petitioner is liable as a transferee of property of Mr. Kayian, Sr., but not that Mr. Kayian, Sr. was liable for Mr. Kayian, Sr.'s 1987-1989 unpaid tax liability. See sec. 6902(a); Rule 142(d). Section 6901 provides in pertinent part: (a) Method of Collection.--The amounts of the following liabilities shall, except as hereinafter 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 re- spect to which the liabilities were incurred: (1) Income, estate, and gift taxes.-- 3(...continued) proceeding and who was responsible for preparation of the bank- ruptcy stipulation. We admitted Mr. Doyle's testimony into evidence conditionally, subject to our ruling on the admissibil- ity of stipulation 72 and stipulation 73 and the exhibits refer- enced therein. On brief, petitioners concede that Mr. Doyle's testimony is inadmissible. We conclude that Mr. Doyle's testi- mony, like stipulation 72 and stipulation 73 as well as the respective exhibits referenced therein, is inadmissible under FRE 408. Accordingly, Mr. Doyle's testimony shall be deemed stricken from the record in these cases. Assuming arguendo that stipulation 72 and stipulation 73 and the exhibits referenced in those stipulations were admissible, Mr. Doyle's testimony also would be admissible. That testimony, if admitted into the instant record, would establish that the United States was willing to enter into the bankruptcy stip- ulation because it concluded that it had not timely filed in the bankruptcy proceeding its claim against Mr. Kayian, Jr. that he is liable as a transferee of Mr. Kayian, Sr.'s outstanding tax liability. Even if we had ruled differently on the evidentiary matters addressed herein, such a ruling would not have affected our conclusions with respect to the transferee liability issues in these cases.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011