Estate of Frank Johnson - Page 24




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          transferees under either Fla. Stat. sec. 726.105(1)(a) or sec.              
          726.106(1).                                                                 
               Petitioners, however, contend that the transfers to Larry,             
          Ronnie, and Sylvia were not fraudulent conveyances because Frank            
          and Katherine’s primary motives in making the transfers were                
          personal gratification and estate planning, not to hinder or                
          delay the collection of a creditor’s claim or otherwise to                  
          defraud any creditor.  Petitioners maintain that the transfers              
          were in accord with gypsy custom of parents giving their eldest             
          son everything they own before or after they die.  Thus,                    
          petitioners contend, Frank and Katherine had no fraudulent intent           
          in making the transfers to Larry, Ronnie, and Sylvia.                       
          Additionally, petitioners assert that the fact that there were no           
          known threats of lawsuits or creditors claims against Frank and             
          Katherine supports the contention that they were not attempting             
          to defraud creditors when they made the transfers.                          
               There is no dispute that Frank and Katherine transferred               
          funds or specific property to Larry, Ronnie, and Sylvia without             
          consideration during and after the years in issue.  Indeed,                 
          Katherine testified that she had provided the funds for all of              
          Larry’s, Ronnie’s, and Sylvia’s purchases of assets, and they               
          affirmed Katherine’s statement.                                             
               Respondent contends that respondent became a creditor of               
          Frank and Katherine for unpaid tax liabilities and additions to             






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Last modified: May 25, 2011