Harvey M. Pert, Transferee - Page 42

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               Petitioners contend that they moved their money from place             
          to place with no fraudulent intent.  Petitioners contend that, if           
          they had wanted to conceal the transfers, they would have had               
          Mrs. Pert withdraw the cash and give it to Mr. Pert.  We disagree           
          that the existence of another way to conceal transfers means that           
          a party did not try to conceal transfers.                                   
               Petitioners point out that respondent did not analyze Mr.              
          Pert’s net worth to show that he benefited from the cash                    
          withdrawals.  The statute requires respondent to prove that                 
          transfers occurred, but it does not require the creditor to                 
          perform a net worth analysis of the transferee.  Fla. Stat. Ann.            
          secs. 726.102(12), 726.105(1)(a) and (2) (West 1988).                       
                    d.   Anticipated Lawsuit                                          
               A transfer in anticipation of a lawsuit is a badge of fraud.           
          See sec. 4, par. 6(d), Comment to Uniform Fraudulent Conveyance             
          Act, p. 655 (West 1985).  Respondent's revenue agent interviewed            
          Mrs. Pert soon after Mr. Riffe died.  Kaltenbach referred Mrs.              
          Pert to a tax attorney.  At a conference on June 5, 1991, the               
          revenue agent gave Mrs. Pert's tax attorney a copy of a detailed            
          report with his recommended adjustments to tax and additions to             
          tax for 1986, 1987, 1988, and 1989.  Mrs. Pert did not agree with           
          the recommendations.  We conclude that Mrs. Pert anticipated that           
          the IRS would determine that she and Mr. Riffe owed taxes when              
          she began transferring assets to Mr. Pert.                                  





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