- 12 - Commissioner, 51 T.C. 13, 19 (1968); Estate of Stein v. Commissioner, 37 T.C. 945, 961 (1962); O’Sullivan v. Commissioner, supra. Section 3287(a) of the California Civil Code (West 1997) reads: “Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day”. Respondent therefore has the right under California law to interest on the value transferred, at the legal rate specified by State statute, from the date the transfer was made, July 31, 1990, until July 17, 1997, the date of the notice of transferee liability. See O’Sullivan v. Commissioner, supra. Additionally, a transferee is liable for interest accruing at the statutory rate as prescribed under sections 6601 and 6621 of the Internal Revenue Code for the period following the issuance of the transferee notice until the liability established thereby is paid. See Estate of Stein v. Commissioner, supra at 959; O’Sullivan v. Commissioner, supra. Respondent bears the burden of proving all elements necessary to establish the taxpayer’s liability as a transferee, but not to show that the transferor was liable for the tax. See sec. 6902(a); Rule 142(d).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011