-23- indictment and petitioners’ plea agreements in this case are probative of petitioners’ fraudulent intent. Wright v. Commissioner, 84 T.C. 636, 643-344 (1985). We also note as to 1990 that the Les both acknowledged in their separate plea agreements that the attorney checks were taxable income to petitioner, that they failed to advise their tax preparer about the diverted funds, and that they knew that their taxable income was underreported. We hold that petitioners are liable for the fraud penalties for 1990 and 1991 determined by respondent under section 6663(a). D. Transferee Liability DDL has unpaid income tax liabilities which respondent seeks to collect from the Les in their capacity as transferees of DDL’s assets. Section 6901 allows the Commissioner in certain cases to collect from a transferee of assets unpaid taxes owed by the assets’ transferor if a basis exists under State law or equity for holding the transferee liable. Bresson v. Commissioner, 111 T.C. 172 (1998), affd. 213 F.3d 1173 (9th Cir. 2000); Gumm v. Commissioner, 93 T.C. 475, 479 (1989). Section 6901 does not create the liability of a transferee, but is merely a secondary method for enforcing a transferor’s existing liability. Mysse v. Commissioner, 57 T.C. 680, 700-701 (1972). Here, in order to prevail on this issue, respondent must prove that he has satisfied the procedural requirements of section 6901(a) and thatPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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