Mary A. Saigh, a.k.a. Mary Saigh, Transferee - Page 9

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          6901(a) would be “superfluous and wholly unnecessary.”  Id.                 
          Thus, the Court of Appeals concluded that the liability under               
          section 6324(a)(2) is an independent personal obligation that may           
          be collected in a manner similar to the collection of tax                   
          liabilities, pursuant to section 6901(a).  Id. at 1542.                     
               Further, the Court of Appeals concluded that section 6901(a)           
          authorized the imposition of interest on the obligation of the              
          transferee under section 6601 as if it were a tax liability and             
          that the limitation imposed under section 6324(a)(2) applied only           
          to the underlying tax obligation, not on the independent interest           
          obligation imposed on the taxpayer under section 6324(a)(2) by              
          way of sections 6901(a) and 6601(a).  Id.  The Court of Appeals             
          held that this liability arose under section 6324(a)(2) when the            
          tax was not paid by the estate and the taxpayer was in possession           
          of the transferred assets; i.e., when the estate tax return was             
          due.  Id.  From a policy standpoint, the Court of Appeals noted:            
                    This result comports with economic reality.  The                  
               limitation of section 6324(a)(2) was designed to prevent a             
               transferee from being liable for the estate taxes of another           
               beyond the benefit he received from the estate.  In the case           
               of the disputed interest, however, Baptiste has had the use            
               and enjoyment of the $50,000 from the time he received it              
               until the present.  There is no unfairness in requiring him            
               to pay for this use, and the denial of its use to the                  
               government.  Baptiste has had the opportunity to invest and            
               earn a return on the $50,000 similar to that which he is now           
               obligated to pay the government, and the government has been           
               refused that opportunity.  To hold otherwise would create a            
               system which encourages transferees to retain assets of the            







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