Laura A. Loveland Espinosa - Page 18




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               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:                                          





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