- 29 - (A) Transferees.--The liability, at law or in equity, of a transferee of property-- (i) of a taxpayer in the case of a tax imposed by subtitle A (re- lating to income taxes), * * * * * * * (h) Definition of Transferee.--As used in this section, the term "transferee" includes donee, heir, legatee, devisee, and distributee * * *. The courts have recognized that section 6901 does not create or define a substantive liability, but merely provides a pro- cedure by which the Government may collect from a transferee of property unpaid taxes owed by the transferor of the property. Commissioner v. Stern, 357 U.S. 39, 42 (1958); Hagaman v. Com- missioner, 100 T.C. 180, 183 (1993). The existence and extent of a transferee's liability is determined under applicable State law. See Commissioner v. Stern, supra at 42-45; Hagaman v. Commissioner, supra at 183-185. The parties agree that the applicable State law in these cases is the law of the State of Florida. Petitioners argue, however, that under applicable Florida law respondent must establish by clear and convincing evidence, and not merely by a preponderance of the evidence, that petitioners are liable as transferees. Respondent counters that under applicable Florida law the standard of proof is a pre- ponderance of the evidence. We agree with respondent. SeePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011