Harvey M. Pert, Transferee - Page 33

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          2d 527, 529 (Fla. Dist. Ct. App. 1993); In re Smith, 110 Bankr.             
          597, 599 (M.D. Fla. 1990).                                                  
               Petitioners contend that the transfer of assets from Mr.               
          Riffe's estate to Mrs. Pert is not a fraudulent conveyance under            
          Florida law because Mr. Riffe and Mrs. Pert were liable for the             
          same debt.  Petitioners contend that a transfer of assets between           
          co-debtors does not hinder collection efforts by a creditor.  We            
          disagree.  Co-debtors should not have the right to decide from              
          which of them their creditors must seek to collect.  Petitioners            
          cite no Florida law to support their position.  In a case decided           
          under New Mexico law, a spouse who filed a joint return with her            
          husband who later died was held liable as a transferee for the              
          tax liability of her deceased husband.  United States v.                    
          Floersch, 276 F.2d 714 (10th Cir. 1960).  We agree with that                
          result.  Also, we note that Mr. Riffe and Mrs. Pert are co-                 
          debtors only to the extent of the unpaid balance of their joint             
          tax liabilities of $67,672 plus interest.                                   
               Petitioners contend that West Coast Pest Control and West              
          Coast Florida Pressure Cleaning ceased doing business when Mr.              
          Riffe died and that its assets were not distributed by Mr.                  
          Riffe's estate.  We disagree.  Mrs. Pert transferred the car                
          washing business to her father.  Mr. and Mrs. Pert tried to                 
          continue to operate West Coast Pest Control after they were                 







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