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v. Commissioner, 100 T.C. 180, 184 (1993) (transferee liability
established by applying Florida fraudulent conveyance law); Schad
v. Commissioner, 87 T.C. 609, 614 (1986), affd. without published
opinion 827 F.2d 774 (11th Cir. 1987); Advest, Inc. v. Rader, 743
F. Supp. 851, 854 (S.D. Fla. 1990); Bay View Estates Corp. v.
Southerland, 154 So. 894, 900 (Fla. 1934); Stelle v. Dennis, 140
So. 194 (Fla. 1932); McKeown v. Allen, 20 So. 556 (Fla. 1896).
The creditor must prove that the debtor intended to delay or
hinder creditors at the time of the transfer. Bay View Estates
Corp. v. Southerland, supra. The party seeking to prove that a
conveyance was fraudulent has the burden of proof. Headley v.
Pelham, 366 So. 2d 60, 63 (Fla. Dist. Ct. App. 1978); Scott v.
Dansby, 334 So. 2d 331 (Fla. Dist. Ct. App. 1976).
2(...continued)
deemed, held, adjudged and taken to be utterly void,
frustrate and of none effect, any pretense, color,
feigned consideration, expressing of use or any other
matter or thing to the contrary notwithstanding;
provided, that this section, or anything therein
contained, shall not extend to any estate or interest
in lands * * * [or] goods or chattels which shall be
had, made, conveyed or assured if such estate shall be,
upon good consideration and bona fide, lawfully
conveyed or assured to any person or persons, or body
politic or corporate, not having at the time of such
conveyance or assurance to them made any manner of
notice or knowledge of such covin, fraud, or collusion
as aforesaid, anything in this section to the contrary
notwithstanding.
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