Laura A. Loveland Espinosa - Page 9




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          value of the shares as estimated by the IRS.  The parties have              
          since stipulated that the value of the shares on the date of the            
          transfer was $53,828.12.                                                    
                                       OPINION                                        
               We must decide whether petitioner may be held liable as a              
          transferee for unpaid taxes of Mr. Espinosa, from whom she                  
          received assets worth $53,828.12.                                           
          I.  General Rules                                                           
          A.  Transferee Liability                                                    
               Section 6901, which establishes a procedure whereby                    
          respondent may assess and collect from a transferee of property             
          the unpaid taxes of the transferor, reads in part as follows:               
               SEC. 6901.  TRANSFERRED ASSETS.                                        
                    (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                       
               respect to which the liabilities were incurred:                        
                         (1) Income, estate, and gift taxes.--                        
                              (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 (relating to                  
                              income taxes),                                          
                         *    *    *    *    *    *    *                              
               The foregoing section thus does not create or define a                 
          substantive liability; rather, it merely provides a remedy for              






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