Jimmy D. Morris, Transferee - Page 9




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            the transferee.  See Hagaman v. Commissioner, 100 T.C. 180, 188                            
            (1993); Schad v. Commissioner, 87 T.C. 609, 614 (1986), affd.                              
            without published opinion 827 F.2d 774 (11th Cir. 1987); Wiltzius                          
            v. Commissioner, T.C. Memo. 1997-117.  Under Florida’s Uniform                             
            Fraudulent Transfer Act (UFTA), effective January 1, 1988, a                               
            transfer is fraudulent as to present and future creditors if the                           
            debtor made the transfer “With actual intent to hinder, delay, or                          
            defraud any creditor of the debtor”.  Fla. Stat. sec.                                      
            726.105(1)(a) (1988).  The UFTA defines “creditor” as “a person                            
            who has a claim”, and “debtor” as “a person who is liable on a                             
            claim.”  Fla. Stat. sec. 726.102(4), (6) (1988).                                           
                  Petitioner concedes that he is precluded from challenging                            
            the tax liability of ACT as determined in Association Cable TV,                            
            Inc. v. Commissioner, supra.  See Krueger v. Commissioner, 48                              
            T.C. 824 (1967) (decisions entered by the Tax Court determining                            
            deficiencies against taxpayers are res judicata as to the                                  
            taxpayers’ liabilities in a later action involving transferee                              
            liability).  Petitioner does not dispute that respondent has                               
            failed to collect the liability from ACT.  Petitioner does not                             
            dispute that he was an initial transferee of ACT and that as a                             
            result of the distributions of November 7, 1988, he received                               
            gross proceeds of $199,490.  The critical question is whether ACT                          
            made the transfers to petitioner with fraudulent intent.                                   








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