Kuckenberg v. Commissioner
United States Tax Court
1. Held, petitioners are liable as transferees of a corporation of which they were stockholders and which was dissolved in 1955 and which, under the resolution of dissolution, distributed all of its assets to petitioners and was left with no assets with which to pay the tax liabilities determined by the Commissioner against the corporation for taxable years prior to the distribution of its assets.
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1. Held, petitioners are liable as transferees of a corporation of which they were stockholders and which was dissolved in 1955 and which, under the resolution of dissolution, distributed all of its assets to petitioners and was left with no assets with which to pay the tax liabilities determined by the Commissioner against the corporation for taxable years prior to the distribution of its assets. Held, further, it was not necessary for the Commissioner to first issue a deficiency notice to the transferor corporation before issuing notices of liability to the transferees, the transferor…
1Opinion of the Court
OPINION.
Black, Judge:
The petitioners contend that they are not liable as transferees of the corporation. Both parties are in agreement that the burden of proof is on respondent to prove transferee liability of petitioners. [Respondent contends that he has met that burden of proof and petitioners contend that he has not done so.
Petitioners contend that under the law as interpreted by the Supreme Court in Commissioner v. Stern, 351 U.S. 39, whether one is liable as a transferee is determined under State law. [Respondent concedes the force of the Stem decision and makes no contention but that…
2Cases cited8 opinions
- Jud Plumbing & Heating, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946
- Standard Paving Co. v. Commissioner of Internal Revenue. Standard Paving Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1951
- Standard Paving Co. v. CommissionerUnited States Tax Court · 1949
- United States v. FairallDistrict Court, S.D. New York · 1926
- Jud Plumbing & Heating, Inc. v. CommissionerUnited States Tax Court · 1945
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3Cited by37 opinions
- Gumm v. CommissionerUnited States Tax Court · 1989
- Maher v. CommissionerUnited States Tax Court · 1970
- Verito v. CommissionerUnited States Tax Court · 1965
- Anders v. CommissionerUnited States Tax Court · 1967
- Schneider v. CommissionerUnited States Tax Court · 1975
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