Larry D. Johnson - Page 10




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          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.                                                                 





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