- 7 - ended June 30, 1989, was filed on October 3, 1994. JCC reported taxable income, before net operating losses (NOLs), in the amount of $2,858,914. After applying carryover NOLs from prior tax years, JCC had no regular corporate income tax liability. JCC, however, remained liable for the alternative minimum tax of $57,004, which is in controversy in this case. The unpaid tax liability reported on JCC’s return was assessed by the Commissioner on November 14, 1994. In addition, the Commissioner assessed a $12,825 late filing penalty and a $14,251 penalty for late payment of tax, plus interest as provided by law. During February 1995, the Commissioner filed a notice of Federal tax lien against JCC for its 1986 tax liabilities. OPINION We consider, under section 6901, whether respondent has shown that petitioner is a transferee of JCC’s assets and, hence, liable for JCC’s unpaid Federal tax liability. Section 6901(a) is a procedural statute enabling respondent to collect a transferor’s unpaid tax liability from a transferee of the transferor’s assets. Under section 6901(a), respondent may establish transferee liability if a basis exists under applicable State law for holding the transferee liable. Commissioner v. Stern, 357 U.S. 39, 42-47 (1958); Bresson v. Commissioner, 111 T.C. 172, 179 (1998), affd. 213 F.3d 1173 (9th Cir. 2000); Hagaman v. Commissioner, 100 T.C. 180, 183 (1993), affd. andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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