Leary v. Commissioner
United States Tax Court
Petitioner contends she is not liable as a transferee for 1945 income taxes of her deceased husband, because the respondent failed to exhaust his remedies against the estate. Respondent duly presented his claim and relied upon petitioner's representations as executrix that funeral and administrative expenses left the estate without assets to pay taxes.
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Petitioner contends she is not liable as a transferee for 1945 income taxes of her deceased husband, because the respondent failed to exhaust his remedies against the estate. Respondent duly presented his claim and relied upon petitioner's representations as executrix that funeral and administrative expenses left the estate without assets to pay taxes. To the extent that those representations were incorrect, petitioner benefited personally thereby as creditor and sole beneficiary. Held, that petitioner is liable as transferee.
1Opinion of the Court
OPINION.
Black, Judge:
The only question in this proceeding is whether respondent failed to exhaust his remedies against the estate of Timothy A. Leary and is thereby prevented from asserting transferee liability against petitioner. Petitioner contends that respondent failed to assert the superior lien of the United States and the estate’s assets were used to satisfy junior claims, which were primarily expenses of decedent’s last illness. Assuming that petitioner’s contentions as to what constitutes superior and junior liens are correct, we find, nevertheless, her defense without merit.
The…
2Cases cited7 opinions
- Phillips v. CommissionerSupreme Court of the United States · 1931
- COMMISSIONER OF INT. REVENUE v. Oswego Falls Corp.Court of Appeals for the Second Circuit · 1934
- Pearlman v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1946
- Muller v. CommissionerUnited States Tax Court · 1948
- Wilcox v. CommissionerUnited States Tax Court · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rowen v. CommissionerUnited States Tax Court · 1952
- Bales v. CommissionerUnited States Tax Court · 1954
- United States v. Dorothy B. Truax, Individually and as Administratrix of the Estate of Layton E. TruaxCourt of Appeals for the Fifth Circuit · 1955
- Robillard v. CommissionerUnited States Tax Court · 1961
- Commissioner v. SternSupreme Court of the United States · 1958
5 more not listed; retrieve them via the Exa API.