Florida Industries Investment Corporation and Subsidiaries - Page 43




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          property; and the Vero Beach property was used around October                
          1994 as security for a loan to CCC, an affiliate of OIP, which               
          shows that the various members of petitioners' consolidated group            
          were not kept separate.                                                      
               Petitioners claim that OIP transferred the Vero Beach                   
          property to FIIC in order to protect that property from the                  
          creditors of OIP.  Petitioners also contend that OIP transferred             
          the Vero Beach property to FIIC and that FIIC transferred it to              
          IRF in contemplation of IRF's using that property in a joint                 
          venture with another entity.  In that regard, petitioners assert             
          that "joint venture partners and lending banks required the use              
          of discrete entities to hold development properties, such as IRF,            
          for bankruptcy protection and other reasons.”  According to                  
          petitioners, "the anticipated joint venture never came to pass",             
          and consequently IRF transferred the 34.3-acre parcel of the Vero            
          Beach property to OIP "for a sales price of $950,000, which was              
          paid by a purchase money note secured by a mortgage."                        
               The only evidence in the record with respect to the alleged             
          reasons for the purported transfers of the Vero Beach property               
          from OIP to FIIC and from FIIC to IRF and the purported transfer             
          of the 34.3-acre parcel of the Vero Beach property from IRF to               
          OIP is the testimony of Mr. Canty, the president of those various            
          corporations.  As we indicated above, based on our observation of            
          his demeanor, we have questions about Mr. Canty's credibility.               
          Moreover, other evidence in the record belies his testimony.  By             




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