- 10 - assessment in docket No. 42224-85. See secs. 6501, 6503. Pursuant to section 6901(c)(1), the period of limitations for assessment of a liability against an initial transferee is 1 year after the expiration of the period of limitations for assessment against the transferor. See, e.g., Bresson v. Commissioner, 111 T.C. 172 (1998), affd. 213 F.3d 1173 (9th Cir. 2000). Here, as noted, the period of limitations for assessment of the liability did not expire with respect to the estate until March 2, 1997, and with respect to petitioner before March 2, 1998, which was 70 days after the date (December 22, 1997) the notice of transferee liability was sent to petitioner. Consequently, the notice of transferee liability to petitioner was timely, and the statute of limitations did not bar respondent from assessment and collection of the $1,118,621 estate tax liability against petitioner. We now turn to petitioner’s alternative argument that the doctrine of laches operates to preclude respondent’s assessment and collection of the liability owed by petitioner. The doctrine of laches bars a claim when the following three elements are present: (1) There was a delay in asserting a right or a claim; (2) the delay was inexcusable; and (3) there is undue prejudice to the party against whom the claim is asserted. See, e.g., Kason Indus., Inc. v. Component Hardware Group, Inc., 120 F.3d 1199, 1203 (11th Cir. 1997); Albertson v. T.J. Stevenson & Co., 749 F.2d 223, 233 (5th Cir. 1984). The doctrine of laches can be raised only by onePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011