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one was a former officer; (3) Self Oil transferred all its assets
to petitioner; and (4) the transfer occurred shortly after excise
tax assessments were made and while Self Oil was disputing its
liability for millions of dollars in excise fuel taxes and
penalties. We also find telling that one of the creditors who
directly benefited from the transaction was the transferor’s sole
owner, Mr. Self, Sr. Clearly, the Self family preferred to repay
Self Oil’s unsecured debt obligations to Mr. Self, Sr., to the
disadvantage of Ohio’s and Pennsylvania’s coffers. During trial,
Mr. Reiter testified as follows:
Q: Did it give you any concern that Robert Sr. was being
repaid in part for his loans?
A: Yeah, it gave me some concern. You know, under the
preference provisions of the corporate statutes there are–-
you know, there are issues there regarding the payment of
shareholders when there is other creditors. But he was a
creditor.
They had told me that–-they had indicated all
throughout that all the general creditors were going to
be paid. He was another creditor. So you know, I
think I talked about it. I’m not sure how strongly I
talked about it or how much, but I do have a
recollection that we did have a conversation with the
accountant as well.
Additionally, petitioner continued in the same line of business
from the same business premises (which were owned by and leased
from Mr. Self, Sr.) as the transferor, Self Oil. Accordingly,
respondent has persuaded us, given the facts and circumstances
when taken together, that Self Oil had actual intent to “hinder,
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