Robert John Kayian, Transferee - Page 34

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               a close relationship between the transferor and the                    
          Hagaman v. Commissioner, 100 T.C. at 188-189; see Advest, Inc. v.           
          Rader, 743 F. Supp. 851, 854 (S.D. Fla. 1990).                              
               Petitioners concede (1) that there was a close relationship            
          (father/son) between Mr. Kayian, Sr. and Mr. Kayian, Jr., see               
          Fla. Stat. Ann. sec. 726.105(2)(a); (2) that the initial transfer           
          was for no consideration, Fla. Stat. Ann. sec. 726.105(2)(h);               
          (3) that "Florida law permits courts to indulge in a presumption            
          that the presence of these two particular badges of fraud, i.e.,            
          a transfer of assets to a family member for no consideration, are           
          evidence of actual intent to hinder, delay or defraud creditors",           
          see Hagaman v. Commissioner, supra at 188-189; Advest, Inc. v.              
          Rader, supra at 854; and (4) that petitioners bear the burden of            
          rebutting any such presumption, see Hagaman v. Commissioner,                
          supra; Advest, Inc. v. Rader, supra.  We find on the record in              
          these cases that a presumption exists under the Florida fraud-              
          ulent transfer statute that Mr. Kayian, Sr. made the initial                
          transfer with a fraudulent intent.                                          
               Petitioners contend that if we were to find under the                  
          Florida fraudulent transfer statute that a presumption exists               
          that Mr. Kayian, Sr. made the initial transfer with a fraudulent            
          intent, they have rebutted such a presumption.  According to                

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