Jimmy D. Morris, Transferee - Page 19




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            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 was                             






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