Mary A. Saigh, a.k.a. Mary Saigh, Transferee - Page 4

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          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).                             






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