Jimmy D. Morris, Transferee - Page 17




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            a prima facie case for transferee liability, the burden of going                           
            forward devolves upon the transferee to establish defenses                                 
            thereto, such as payment of the transferor’s liability by or on                            
            behalf of the transferor.  See Estate of McKnight v.                                       
            Commissioner, 8 T.C. 871, 873 (1947); Newsome v. Commissioner,                             
            T.C. Memo. 1976-75.                                                                        
                 On brief, petitioner states without elaboration that he “has                          
            * * * learned that the Estate of Gay has also paid its liability                           
            emanating from the Associated [sic] Cable TV, Inc. distribution.”                          
            The record is devoid of evidence, however, of any such payment by                          
            the Estate of Gay, or when, how, or for what purpose it might                              
            have been made.                                                                            
                 Daniell testified that he has paid approximately $113,000 in                          
            satisfaction of a transferee liability claim asserted against him                          
            by the Internal Revenue Service (IRS).  Assuming arguendo that                             
            Daniell made this payment, it is insufficient to satisfy the full                          
            amount of ACT’s liability.13  Moreover, so long as the                                     
            possibility exists that Daniell could file for a refund,                                   
            petitioner cannot be exonerated from transferee liability.  See                            
            Holmes v. Commissioner, supra; Peterson v. Commissioner, T.C.                              

                  13 This Court has determined that ACT owed a tax liability                           
            of $136,903, an addition to tax for fraud of $102,677, and a                               
            substantial understatement penalty of $34,226, for a total of                              
            $273,806.  See Association Cable TV, Inc. v. Commissioner, T.C.                            
            Memo. 1995-596.  This amount does not take into account any                                
            interest on ACT’s taxable year 1988 liability.  See secs. 6602,                            
            6622.                                                                                      





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