Robert John Kayian, Transferee - Page 40

                                       - 40 -                                         

          of his 1987 through 1991 tax liability, and he was bound to know            
          that the Service would levy on his property in order to collect             
          that liability.  Moreover, at the time of the initial transfer,             
          Mr. Kayian, Sr. was bound to know that he had incurred substan-             
          tial medical expenses since he entered the hospital on August 6,            
          1993.  Indeed, in a statement regarding creditors that Ms.                  
          Livingston filed in the probate proceeding around the end of                
          March 1994, many of the creditors that she listed were physicians           
          and medical facilities.  See Fla. Stat. Ann. sec. 726.105(2)(j).            
          (4) The effect of Mr. Kayian, Sr.'s having made the initial                 
          transfer was, at a minimum, to hinder and delay and, at a max-              
          imum, to avoid the collection by the Service of Mr. Kayian, Sr.'s           
          1987-1989 unpaid tax liability.  See General Trading Inc. v. Yale           
          Materials Handling Corp., 119 F.3d at 1498-1499 (The courts must            
          "avoid determining in a vacuum the presence or absence of a                 
          debtor's actual intent to hinder or delay a creditor.")                     
               Based on our examination of the entire record in these                 
          cases, we find that respondent has established a presumption                
          under the Florida fraudulent transfer statute that Mr. Kayian,              
          Sr. made the initial transfer with a fraudulent intent within the           
          meaning of that statute and that petitioners have failed to rebut           
          that presumption.8  We hold that Robert Kayian and Nicholaus                

               8Even without regard to the presumption established on the             

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