- 10 - liability is established under State law, the transferee is liable for the transferor’s taxes due as of the time of the transfer, as well as interest and any additions to tax, to the extent of the value of the assets transferred. See Estate of Glass v. Commissioner, 55 T.C. 543, 575 (1970), affd. 453 F.2d 1375 (5th Cir. 1972). Petitioner argues that there was no transfer of property from JCC.3 Petitioner maintains that the $286,737.27 he received from JCC was property he was entitled to receive directly from Westinghouse. Petitioner contends that $286,737.27 of the $1,050,000 settlement payment was in exchange for any claim petitioner may have had against Westinghouse. Specifically, petitioner asserts, in the context of this case, that Westinghouse damaged his business reputation and rendered him unable to borrow funds. Petitioner’s factual assertions are not supported by the record. There is no evidence that the settlement agreement was entered into to protect Westinghouse from a possible legal action by petitioner in his individual capacity. Prior to the default on the Westinghouse loan, JCC performed consulting duties in 3 For purposes of this legal discussion, references to “JCC” are to JCC, the parent corporation, and all of JCC’s wholly owned subsidiaries. We note that their returns were consolidated, and, hence, the disputed tax liability is consolidated. Factually and legally, there is no meaningful distinction to be made between any of the corporate entities linked by ownership to JCC or petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011