1093 - Transferees.

§  1093.  Transferees.---(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 or  under article nine, nine-a, nine-b or nine-c, 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,  in  case  of  successive  transfers,  donee,  heir,  legatee,  devisee,  distributee,  and  successor by merger, consolidation or other  reorganization.    (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  one  thousand  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  one  thousand  eighty-seven  on the amount of the credit or  refund, the periods specified in subsection (a) of section one  thousand  eighty-seven  shall  be  increased  by  the period from the date of such  expiration to the date of the agreement.    (c) Period for assessment against certain transferors.---For  purposes  of  this  section,  if any person is deceased, or is a corporation which  has terminated its existence, the period of  limitation  for  assessment  against  such person or corporation shall be the period that would be in  effect had death or termination of existence not occurred.    (d) Evidence.---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 one thousand  eighty-nine for rule as to burden of proof.