Newcomb v. Commissioner
United States Tax Court
Respondent determined liability against petitioner as transferee for income taxes and penalties determined against Lila G. Husted for the years 1944 to 1946, inclusive. On November 30, 1947, Lila G. Husted died in Canada, where she had resided since 1944. During the year 1947 decedent transferred to petitioner all of her interest in a retail shoe store which she operated in Detroit, Michigan, during the taxable years involved, as a sole proprietorship.
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Respondent determined liability against petitioner as transferee for income taxes and penalties determined against Lila G. Husted for the years 1944 to 1946, inclusive. On November 30, 1947, Lila G. Husted died in Canada, where she had resided since 1944. During the year 1947 decedent transferred to petitioner all of her interest in a retail shoe store which she operated in Detroit, Michigan, during the taxable years involved, as a sole proprietorship. Petitioner concedes the liabilities of the transferor but challenges his liability as transferee, alleging that the transfers did not render…
1Opinion of the Court
OPINION.
LeMike, Judge:
The issue presented is whether petitioner is liable as transferee of the assets of Lila G. Husted, deceased, for unpaid deficiencies in income tax, additions to tax, and interest, as set forth in our Findings of Fact. The extent of liability, if any exists, is limited to the value of the interest in the Health Spot Shoe Shop transferred to petitioner. J. Warren Leach, 21 T. C. 70; Scott v. Commissioner, 117 F. 2d 36; Lillian Burke, 21 B. T. A. 45. Petitioner concedes the liabilities of the transferor, but he denies that as a result of such transfers either the decedent…
2Cases cited10 opinions
- Gobins v. Comm'rUnited States Tax Court · 1952
- Moore v. MitchellSupreme Court of the United States · 1930
- Leach v. CommissionerUnited States Tax Court · 1953
- Scott v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1941
- Ruth Halle Rowen, Ethel F. Halle, and Edward Halle v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
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3Cited by22 opinions
- Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc.Court of Appeals for the Second Circuit · 2001
- Sarei v. Rio Tinto, PLCCourt of Appeals for the Ninth Circuit · 2008
- Owens v. CommissionerUnited States Tax Court · 1975
- John Ownbey Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1981
- General Corporation v. General Motors CorporationDistrict Court, D. Minnesota · 1960
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