- 9 - the transferee. See Hagaman v. Commissioner, 100 T.C. 180, 188 (1993); Schad v. Commissioner, 87 T.C. 609, 614 (1986), affd. without published opinion 827 F.2d 774 (11th Cir. 1987); Wiltzius v. Commissioner, T.C. Memo. 1997-117. Under Florida’s Uniform Fraudulent Transfer Act (UFTA), effective January 1, 1988, a transfer is fraudulent as to present and future creditors if the debtor made the transfer “With actual intent to hinder, delay, or defraud any creditor of the debtor”. Fla. Stat. sec. 726.105(1)(a) (1988). The UFTA defines “creditor” as “a person who has a claim”, and “debtor” as “a person who is liable on a claim.” Fla. Stat. sec. 726.102(4), (6) (1988). Petitioner concedes that he is precluded from challenging the tax liability of ACT as determined in Association Cable TV, Inc. v. Commissioner, supra. See Krueger v. Commissioner, 48 T.C. 824 (1967) (decisions entered by the Tax Court determining deficiencies against taxpayers are res judicata as to the taxpayers’ liabilities in a later action involving transferee liability). Petitioner does not dispute that respondent has failed to collect the liability from ACT. Petitioner does not dispute that he was an initial transferee of ACT and that as a result of the distributions of November 7, 1988, he received gross proceeds of $199,490. The critical question is whether ACT made the transfers to petitioner with fraudulent intent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011