- 19 - cash which demonstrate fraud for purposes of FUFTA. During the period from December 3, 1991, through March 14, 1992, Mr. Fisher transferred $14,457.97 to petitioners for which they paid no consideration. Fla. Stat. Ann. sec. 726.105(2)(h) (West 1988). Petitioners are insiders for purposes of FUFTA. Fla. Stat. Ann. sec. 726.105(2)(a) (West 1988). In addition, Mr. Fisher created several fictitious entities in order to carry out and later conceal the telephone commissions that he diverted from the State of Florida. Mr. Fisher transferred some of the telephone commissions to petitioners by checks drawn on the accounts opened in the names of these fictitious entities. Petitioners transferred some of these funds back to Mr. Fisher through the use of money orders payable to Mr. Fisher and to others that he designated. These actions are indicative of Mr. Fisher's intent to conceal these assets. Fla. Stat. Ann. sec. 726.105(2)(g) (West 1988). Finally, the transfers of cash occurred shortly before Mr. Fisher incurred a substantial tax liability. Fla. Stat. Ann. sec. 726.105(2)(j) (West 1988). Together, these factors demonstrate Mr. Fisher's intent to hinder, delay, or defraud his creditors. Fla. Stat. Ann. sec. 726.105(1)(a) (West 1988). C. Subsequent Transfers by Petitioners Petitioners contend that, even if they are held liable as transferees, the amount of their liability should be reduced byPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011