- 18 - sent the taxpayer before further proceedings for collection of the tax liability are continued. The section, however, in terms applies only to a deficiency in a tax and does not apply to the liability of a transferee in respect of the tax of the taxpayer. Therefore, in proceedings against the transferee, notice need not be given the taxpayer under section 274(a). However, under the substitute agreed to by the conferees, the liability of the transferee is collected in the same manner as the liability for tax. Section 274(a) is thus incorporated by reference, but the result of such reference is that for procedural purposes the transferee is treated as a taxpayer would be treated, and under section 274(a) notice would be sent to the transferee (and not the taxpayer) in proceedings to enforce the liability of the transferee. [H. Conf. Rept. 356, 69th Cong., 1st Sess. (1926), 1939-1 C.B. (Part 2) 372.] Case law is likewise unequivocal in rejecting arguments that a notice of deficiency to or assessment against the transferor must precede enforcement of liability against the transferee. See Kuckenberg v. Commissioner, 309 F.2d 202, 206 (9th Cir. 1962), affg. on this issue 35 T.C. 473 (1960); Bresson v. Commissioner, supra at 178; Gumm v. Commissioner, 93 T.C. 475, 484 (1989); Maher v. Commissioner, 55 T.C. 441, 457 (1970), affd. on this issue 469 F.2d 225 (8th Cir. 1972); Cleveland v. Commissioner, 28 B.T.A. 578, 580-581 (1933), affd. 77 F.2d 184 (5th Cir. 1935). The rule as developed by this Court is that “the Commissioner is not required to issue a notice of deficiency or to make an assessment against the transferor where efforts to collect delinquent taxes from a transferor would be futile.” Bresson v. Commissioner, supra at 178. The following, oft-quoted rationale underlies this position:Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011