Louis Fusaro - Page 15

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               “significant” is not capable of exact definition and                   
               must be determined on a case by case basis, at all                     
               times keeping the purpose of the filing requirement in                 
               mind.  [Id.]                                                           
          See also Urban Indus., Inc. of Ky. v. Thevis, 670 F.2d 981, 986             
          (11th Cir. 1982); In re Saunders, 240 Bankr. 636, 641 (S.D. Fla.            
          1999).                                                                      
               In assessing the credibility of petitioner’s claim that he             
          was strictly a resident of California and not a resident of                 
          Florida on July 25, 1996, we also observe that his claim was                
          raised belatedly.  During the Appeals hearing, petitioner’s                 
          representative argued that the Florida liens were invalid because           
          the situs of the pension plan was in California.  In the petition           
          in this case, the same argument was made based on the                       
          administration and activities of the plan in California.  Neither           
          at the hearing nor in the petition did petitioner assert his                
          current position, which is that he became a resident of                     
          California before the liens were filed.  This argument was first            
          raised in an affidavit dated April 10, 2002, in opposition to               
          respondent’s Motion for Summary Judgment.                                   
               Most significantly, however, petitioner’s contemporaneous              
          conduct and the objective evidence in the record contradict his             
          belated claim that he was not a resident of Florida in 1996.  He            
          claims that, when he began employment on “The Drew Carey Show” on           
          July 10, 1996, he permanently moved to California, first living             
          on a friend’s boat.  He relies on his employment with Warner                





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