- 17 - 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.Page: 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