- 33 - London exemplars, hindering the analyses of the handwriting experts. As noted in Gifford-Hill & Co. v. Stoller, supra at 630 (quoting 37 Am. Jur. 2d, Fraudulent Conveyances, sec. 10, at 701): “‘[B]adges of fraud’. . . are said to be facts which throw suspicion on a transaction, and which call for an explanation . . . More simply stated, they are signs or marks of fraud. They do not of themselves or per se constitute fraud, but they are facts having a tendency to show the existence of fraud, although their value as evidence is relative not absolute. They are not usually conclusive proof; they are open to explanation. They may be almost conclusive, or they may furnish merely a reasonable inference of fraud, according to the weight to which they may be entitled from their intrinsic character and the special circumstances attending the case. Often a single one of them may establish and stamp a transaction as fraudulent. When, however, several are found in the same transaction, strong, clear evidence will be required to repel the conclusion of fraudulent intent. . .” On the basis of the entire record in these cases, we hold that respondent has produced clear and convincing proof under the Nebraska fraudulent transfer statute that David made the transfers with a fraudulent intent, and that David has failed to rebut this proof by any evidence, let alone “strong, clear evidence”. Id.; see also Kayian v. Commissioner, T.C. Memo. 1999-296; King Shipping Consum, Inc. v. Commissioner, T.C. Memo. 1989-593. In sum, respondent presented clear and convincing evidence that David took actual possession of his father's assets after March 8, 1987. David transferred these assets to himself with an actual intent to delay, defraud, or hinder his father’s creditors;Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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