Laura A. Loveland Espinosa - Page 12




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          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).                                                  










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