David Allen - Page 33




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          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;          






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