- 16 - an asset or an interest in an asset”. Fla. Stat. sec. 726.102(12) (1988) (emphasis added). As a party to the covenant not to compete, ACT clearly had an interest in the proceeds therefrom, which the parties have stipulated were part of the total purchase price paid for ACT’s assets. Petitioner has not established that ACT had no interest in the entire $330,400 partial payment it received from JSL, or that its transfer to petitioner of a one-fourth share of these proceeds did not constitute a transfer from ACT within the meaning of the UFTA. Whether the Full Amount of ACT’s Deficiency Has Been Paid On brief, petitioner argues for the first time that he should not be liable for ACT’s deficiency because it has already been discharged by other transferees. Generally, we will not consider positions raised for the first time on brief if to do so would prejudice the opposing party. See Leahy v. Commissioner, 87 T.C. 56, 64-65 (1986). In the instant circumstances, however, we believe it is appropriate to address petitioner’s argument. As a general principle, the Commissioner can collect the transferor’s tax liability only once; where it is shown that the full amount of the deficiency has been paid, the liability of the transferee is extinguished. See Holmes v. Commissioner, 47 T.C. 622, 627 (1967); Quirk v. Commissioner, 15 T.C. 709 (1950), affd. per curiam 196 F.2d 1022 (5th Cir. 1952). Once the Commissioner has met his burden of proof under section 6902(a) and establishedPage: 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