- 20 -
In addition to the above-described legitimate and signifi-
cant nontax purposes, another legitimate, but not significant,
nontax reason Ms. Mirowski formed, and transferred the bulk of
her assets to, MFV was that she wanted to provide additional
protection from potential creditors for the interests in the
family’s assets that she intended to provide to her daughters and
eventually her grandchildren. Although Ms. Mirowski was aware
that her daughters’ trusts included provisions providing spend-
thrift protection from creditors, she desired the additional
creditor protection provided by an LLC, in particular the protec-
tion that an LLC would provide in the event of any negative
developments in the respective marriages of her daughters.10
On August 22, 2001, Mr. Silver sent a letter (Mr. Silver’s
August 22, 2001 letter) to Ms. Mirowski and enclosed with that
letter final versions of the articles of organization and the
operating agreement for MFV that he had prepared. Mr. Silver
sent copies of that letter and enclosures to Ms. Mirowski’s three
daughters. Mr. Silver’s August 22, 2001 letter stated in perti-
nent part:
10At the time of the trial in this case, none of Ms.
Mirowski’s daughters had been married more than once. Nor had
any of them ever been separated from her spouse because of
marital problems.
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Last modified: March 27, 2008