- 32 -
Stat. Ann. sec. 726.103(1) (West 1988). Insolvency can be
measured at the time of or immediately after the transfer. Fla.
Stat. Ann. sec. 726.106(1) (West 1988). Each distribution by an
estate is one of a series toward the distribution of the entire
estate. O'Sullivan v. Commissioner, T.C. Memo. 1994-17 (heirs to
decedent who died owing income taxes received distributions from
estate as transferees under the Cal. Civ. Code sec. 3439.05 (West
1993 Supp.), which is identical to Fla. Stat. Ann. section
726.106(1) (West 1988)); Ginsberg v. Commissioner, T.C. Memo.
1965-36. The liabilities of an estate include unpaid Federal
taxes, penalties, and interest on the date of the transfer in
computing whether an estate is solvent. Leach v. Commissioner,
21 T.C. 70, 75 (1953); LeFay v. Commissioner, T.C. Memo. 1982-
420.
When Mr. Riffe's estate transferred its assets to Mrs. Pert,
it became insolvent because it had no assets and had a debt to
respondent.
e. Petitioners' Other Contentions
Petitioners contend that respondent must prove that the
transferor had fraudulent intent. We disagree. A creditor need
not prove that the transferor had fraudulent intent to establish
that a conveyance is per se fraudulent under Fla. Stat. Ann.
section 726.106(1) (West 1988). Snellgrove v. Fogazzi, 616 So.
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