Robert John Kayian, Transferee - Page 38

                                       - 38 -                                         

          including the following:5  (1) On July 20, 1992, due to the                 
          failure of Mr. Kayian, Sr. to pay in full his 1987-1989 tax                 
          liability, the Service recorded a notice of Federal tax lien in             
          an amount totaling $68,243.27 in Hillsborough County, Florida.              
          On September 4, 1992, Mr. Stephens sent Mr. Kayian, Sr. a final             
          notice of intention to levy with respect to the respective taxes            
          that were shown due in the 1990 and 1991 joint returns that Mr.             
          Kayian, Sr. and Ms. Livingston had submitted to the Service.  On            
          June 8, 1993, Mr. Kayian, Sr. withdrew his 1987 through 1989                
          amended offer-in-compromise and his and Ms. Livingston's 1990-              
          1991 amended offer-in-compromise.  At the time of the initial               
          transfer, Mr. Kayian, Sr. was well aware (and Mr. Kayian, Jr. was           
          aware generally) of Mr. Kayian, Sr.'s 1987 through 1991 tax                 
          liability, and Mr. Kayian, Sr. was bound to know that the Service           
          would levy on his property in order to collect that liability.              
          See Fla. Stat. Ann. sec. 726.105(2)(d).  (2) Mr. Kayian, Sr. did            
          not disclose in Mr. Kayian, Sr.'s Form 433-A or in discussions              
          with the Service that he owned the Aruba bonds.  Nor did he                 
          disclose in that form or those discussions that he was receiving            
          payments with respect to those bonds, which started around August           

               5It is noteworthy that a number of the badges of fraud                 
          identified in the Florida fraudulent transfer statute could have            
          no application here because Mr. Kayian, Sr. died the day after he           
          made the initial transfer of the transferred properties to Mr.              
          Kayian, Jr.                                                                 

Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011