Legal Opinion

Hagaman v. Commissioner

United States Tax Court

Decided March 15, 1993No. Docket No. 3239-90PublishedCited by 35 opinions

Taxpayer-transferor transferred to petitioner-transferee property valued, at the times of the respective transfers, at $ 263,000. Collection efforts against taxpayer-transferor have been, and will likely continue to be, futile. Respondent has therefore sought to collect from petitioner-transferee as a transferee, pursuant to sec. 6901, I.R.C.

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Taxpayer-transferor transferred to petitioner-transferee property valued, at the times of the respective transfers, at $ 263,000. Collection efforts against taxpayer-transferor have been, and will likely continue to be, futile. Respondent has therefore sought to collect from petitioner-transferee as a transferee, pursuant to sec. 6901, I.R.C. Held: Respondent need not demonstrate that transferor was insolvent at the time of, or immediately after, the transfers at issue, unless such showing is required by applicable State law. Held, further, respondent has demonstrated that, under applicable…

1Opinion of the Court

Halpern, Judge:

By order of dismissal and decision entered February 18, 1993, in docket No. 747-85, this Court ordered and decided that there are deficiencies in and additions to William S. Hagaman’s (Hagaman or the taxpayer) Federal income taxes as follows:

Year Deficiency Addition to tax sec. 6653(b)

$184,453 $92,226.50 1975

177,449 88.724.50 1976

64,800 31,063.00 1977

140,937 70.468.50 1978

Those amounts remain unpaid. The sole issue for decision is whether petitioner is liable as a transferee of Hagaman for $263,000 (the amount transferred) plus interest thereon.1

Unless otherwise indicated, all…

2Cases cited25 opinions

  1. Commissioner v. SternSupreme Court of the United States · 1958
  2. Joseph Edelson and Harriet Edelson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1987
  3. Gobins v. Comm'rUnited States Tax Court · 1952
  4. William S. Hagaman, Bonnie C. Hagaman v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1992
  5. Updike v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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3Cited by35 opinions

  1. Peter J. Bresson (Transferee),petitioner-Appellant v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2000
  2. Starnes v. Comm'rUnited States Tax Court · 2011
  3. Bresson v. CommissionerUnited States Tax Court · 1998
  4. Slone v. Comm'rUnited States Tax Court · 2012
  5. Stansbury v. CommissionerUnited States Tax Court · 1995

30 more not listed; retrieve them via the Exa API.

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