Section 693. Transferees  


Latest version.
  • --(a) General.--The liability, at law or in equity,
      of a transferee of property of a taxpayer for any tax, additions to tax,
      penalty  or interest due the tax commission under this article, shall be
      assessed, paid, and collected in the same manner and subject to the same
      provisions and limitations as in the  case  of  the  tax  to  which  the
      liability  relates, except that the period of limitations for assessment
      against the transferee shall be extended by one year for each successive
      transfer, in  order,  from  the  original  taxpayer  to  the  transferee
      involved,  but  not  by more than three years in the aggregate. The term
      transferee includes donee, heir, legatee, devisee and distributee.
        (b) Exceptions.--
        (1) If  before  the  expiration  of  the  period  of  limitations  for
      assessment of liability of the transferee, a claim has been filed by the
      tax  commission  in  any court against the original taxpayer or the last
      preceding transferee based upon the liability of the original  taxpayer,
      then  the  period  of  limitation  for  assessment  of  liability of the
      transferee shall in no event expire prior to one year after  such  claim
      has been finally allowed, disallowed or otherwise disposed of.
        (2) If, before the expiration of the time prescribed in subsection (a)
      or  the  immediately  preceding  paragraph  of  this  subsection for the
      assessment of the liability, the tax commission and the transferee  have
      both  consented  in  writing  to  its  assessment  after  such time, the
      liability may be assessed at any time prior to  the  expiration  of  the
      period  agreed  upon.  The  period  so  agreed  upon  may be extended by
      subsequent agreements in writing  made  before  the  expiration  of  the
      period previously agreed upon. For the purpose of determining the period
      of  limitation  on credit or refund to the transferee of overpayments of
      tax made  by  such  transferee  or  overpayments  of  tax  made  by  the
      transferor  as  to which the transferee is legally entitled to credit or
      refund, such agreement and any extension  thereof  shall  be  deemed  an
      agreement and extension thereof referred to in subsection (b) of section
      six  hundred  eighty-seven.  If  the  agreement  is  executed  after the
      expiration of the  period  of  limitation  for  assessment  against  the
      original taxpayer, then in applying the limitations under subsection (b)
      of  section  six  hundred  eighty-seven  on  the amount of the credit or
      refund, the periods specified in subsection (a) of section  six  hundred
      eighty-seven  shall  be  increased  by  the period from the date of such
      expiration to the date of the agreement.
        (c) Deceased transferor.--If any person is  deceased,  the  period  of
      limitation  for assessment against him shall be the period that would be
      in effect if he had lived.
        (d) Evidence.--Notwithstanding the provisions  of  subsection  (e)  of
      section six hundred ninety-seven the tax commission shall use its powers
      to  make  available  to  the transferee evidence necessary to enable the
      transferee to determine the liability of the original  taxpayer  and  of
      any  preceding  transferees,  but without undue hardship to the original
      taxpayer or preceding transferee. See  subsection  (e)  of  section  six
      hundred eighty-nine for rule as to burden of proof.