- 19 - Memo. 1995-596. See Bowlin v. Commissioner, 31 T.C. 188 (1958), affd. per curiam 273 F.2d 610 (6th Cir. 1960). Statute of Limitations Petitioner argues that respondent is time barred from asserting liability against petitioner as a transferee. A transferee’s liability, at law or in equity, for Federal income tax generally must be assessed and collected in the same manner as the transferor’s liability. See sec. 6901(a)(1)(A)(i). In the case of the liability of an initial transferee, however, the statute of limitations extends 1 year after the limitations period for assessing tax against the transferor. See sec. 6901(c). Petitioner concedes that he is an initial transferee of ACT. As a general rule, the limitations period for assessing taxes against the transferor is 3 years from the date the return is filed. See sec. 6501(a). In the case of a false or fraudulent return with the intent to evade tax, however, the general rule is inapplicable, and the IRS may assess or collect the tax anytime. See sec. 6501(c)(1); DiLeo v. Commissioner, 96 T.C. 858, 880 (1991), affd. 959 F.2d 16 (2d Cir. 1992). This Court previously has determined that ACT is liable for the addition to tax for fraud with respect to taxable year 1988. See Association Cable TV, Inc. v. Commissioner, supra. This holding is conclusive that at least part of the deficiency wasPage: 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