- 18 - unpaid Federal taxes owed by a transferor of the assets. Commissioner v. Stern, 357 U.S. 39, 45 (1958); Bresson v. Commissioner, 111 T.C. 172 (1998), affd. 213 F.3d 1173 (9th Cir. 2000). Section 6901 does not create a tax liability for the transferee but only provides to respondent a secondary liability in the transferee (which liability is therefore referred to as a “transferee liability”) or method by which respondent may collect from the transferee unpaid taxes owed by the transferor. Phillips v. Commissioner, 283 U.S. 589, 594 (1931); Mysse v. Commissioner, 57 T.C. 680, 700-701 (1972). Respondent bears the burden of proof with regard to asserted transferee status under section 6901. Sec. 6902(a); Rule 142(d). Depending on the provisions of the particular State law and the rules of equity that are involved in a case, factors generally relevant in considering transferee liability have been described as follows: (1) whether the transferees received property of the transferor; (2) whether the transfer was made without adequate consideration; (3) whether the transfer was made during or after the period for which the transferor’s tax liability accrued; (4) whether the transferor was insolvent before or because of the transfer of property or whether the transfer of property was one of a series of distributions of property that resulted in the insolvency of the transferor; (5) whether all reasonable efforts to collect from the transferor were made and further collection efforts would have been futile; and (6) the value of the transferred property (which generally determines the limit of a transferee’s liability). Gumm v. Commissioner, 93 T.C. 475,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011