- 35 - Mr. Riffe's estate included $383,358 in cash. We conclude that respondent has established that the value of assets transferred from Mr. Riffe's estate to Mrs. Pert was $399,535. 5. Conclusion We conclude that respondent has established that Mrs. Pert is liable up to $399,535 as a transferee of Mr. Riffe's assets. C. Whether Mr. Pert Is Liable as a Transferee of Mrs. Pert's Assets or as a Successor Transferee of Assets From Mr. Riffe's Estate 1. Contentions of the Parties Respondent contends that Mr. Pert is liable as a transferee of the assets of Mrs. Pert, and as a successor transferee of the assets of Mr. Riffe's estate, under Fla. Stat. Ann. secs. 726.101(a) (transfer defined) and 726.106 (West 1988) (per se fraudulent conveyance) and Fla. Stat. Ann. sec. 726.105(1)(a) (West 1988) (actual or constructive fraud). Respondent contends that Mrs. Pert transferred assets which had a total value of $222,206 from Mr. Riffe's estate to Mr. Pert when Mr. Riffe's tax debt, additions to tax, and interest were unpaid and before Mrs. Pert filed a voluntary bankruptcy petition under chapter 7 of the U.S. Bankruptcy Code. Petitioners contend that respondent failed to prove that Mr. Pert is liable as a transferee or successor transferee. Petitioners contend that Mrs. Pert spent any money she receivedPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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