- 18 - Memo. 1972-65. Barring refund claims by Daniell or other transferees who may have made payments against ACT’s tax liability, however, we expect respondent to take any such payments into account in computing petitioner’s ultimate liability. See Peterson v. Commissioner, supra. Transferee Liability for Addition to Tax for Fraud On brief, petitioner argues that because respondent has failed to prove petitioner’s fraud with clear and convincing evidence, petitioner has no transferee liability for ACT’s addition to tax for fraud. Petitioner’s argument betrays a fundamental misunderstanding of transferee liability. Section 6901 provides the Commissioner a mechanism for collecting a transferor’s tax liability, which may be either as to the amount of tax shown on the transferor’s return or as to any deficiency or underpayment of tax by the transferor. See sec. 6901(b). The additions to tax, such as the section 6653(b) addition to tax for fraud, are assessed and collected in the same manner as taxes, and the term “tax” as used in the Internal Revenue Code specifically includes, among other things, the section 6653(b) addition to tax for fraud. Sec. 6662(a). Accordingly, petitioner’s liability as a transferee of ACT extends to ACT’s liability for the addition to tax for fraud as determined in Association Cable TV, Inc. v. Commissioner, T.C.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