Jimmy D. Morris, Transferee - Page 18




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            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.                             








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