- 9 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011