Larry D. Johnson - Page 8




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          remanded 958 F.2d 684 (6th Cir. 1992).  Respondent bears the                
          burden of proving that petitioner is liable as a transferee of              
          the taxpayer.  Sec. 6902(a); Gumm v. Commissioner, 93 T.C. 475,             
          479 (1989), affd. without published opinion 933 F.2d 1014 (9th              
          Cir. 1991).                                                                 
               Respondent determined that petitioner is a transferee at law           
          and in equity.  Petitioner asserts two different defenses in this           
          case in an attempt to avoid transferee liability.  First,                   
          petitioner contends that the portion of the settlement proceeds             
          transferred to him was his asset and that JCC was merely a                  
          conduit or recipient of the settlement proceeds for purposes of             
          convenience.  In other words, petitioner contends that the                  
          portion of the settlement proceeds received by him was not an               
          asset of JCC or its subsidiaries and, accordingly, could not be             
          “transferred” to him.  Second, if we find that the proceeds                 
          belonged to the JCC conglomerate and that they were then                    
          transferred to petitioner, petitioner, in the alternative,                  
          contends that the transfer was for adequate consideration.                  
          Petitioner further contends that one of the JCC entities had an             
          antecedent obligation to petitioner and that the transfer                   
          satisfied that obligation.  We note that the question of                    
          transferee liability in this case is to be decided under the law            
          of the State of Texas.                                                      
               The first element about which the parties disagree concerns            






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