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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.
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