Gerard

This appeal by the Commissioner of Internal Revenue involves the liability of respondent as a transferee under section 280 of the Revenue Act of 1926 (26 USCA § 1069 and note), with respect to a deficiency in income taxes imposed on Barham Well No. 1, an association, for the taxable year 1923. The Commissioner notified respondent that he had determined the deficiency against -him as a transferee of the well, and respondent appealed from the order to the Board of Tax Appeals, contending that the Commissioner erred in holding (a) that the well was an association taxable as a corporation; (b) that respondent was a transferee of the well within the meaning of the Revenue Act, and (c) that the assessment and collection of the tax from him was barred by the statute of limitations. The Board, redetermined that respondent was not liable for the taxes imposed against him as a-transferee of the well and therefore deemed it unnecessary to decide whether the assessment was barred by the statute of limita^ tions. The Commissioner appeals from the final order of the Board and contends that his ruling should be sustained, which presents the question: Is respondent' liable as a transferee, under…