- 112 - 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 toPage: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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