- 4 - petitioner as a defendant as the recipient of $285,000 of alleged improper payments from the estate from January 1989 to September 1992. Judgments were entered against William Kabbash and Samuel Kabbash, but Mary Tom recovered only $866 on behalf of the estate. On March 20, 2002, pursuant to an agreement of the parties, we entered a decision that the estate owed a deficiency of $1,987,249. The deficiency was assessed on May 20, 2002. The period of limitation for assessment of the estate tax liability was set to expire on November 15, 2002. There are no assets remaining in the estate from which the estate tax liability may be satisfied. As of June 2004, an estate tax liability in excess of $8,219,795 remains unpaid. On April 29, 2003, respondent sent petitioner a notice of transferee liability, in which respondent determined that petitioner owed $170,000, plus interest as transferee, trustee, and beneficiary of the property of the estate. On July 18, 2003, petitioner filed a timely petition with the Court disputing this notice of transferee liability. Discussion In a transferee liability case, the burden of proof is on respondent to show that petitioner is liable as a transferee of property of a taxpayer, but not to show that the taxpayer was liable for the tax. Sec. 6902(a); Rule 142(d).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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