Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 43




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          estate by $43,385,000 (i.e., from $27,768,000 to $71,153,000)               
          with respect to decedent’s interest in MFV.  Respondent did so              
          because respondent determined that the total of the respective              
          date-of-death fair market values of all of the assets that                  
          decedent transferred to MFV is includible in her gross estate               
          under section 2036(a).                                                      
               On October 7, 2003, more than two years after Ms. Mirowski             
          died, MFV unintentionally forfeited its charter under Maryland              
          law because it failed to file required personal property tax                
          returns.39  It was one of respondent’s employees who brought that           
          forfeiture to the attention of MFV.  Immediately thereafter,                
          steps were taken to reinstate the charter under Maryland law,               
          which included filing a personal property tax return on behalf of           
          MFV with the State of Maryland for each of the years 2002 through           
          2004.  On February 9, 2004, the department of assessments and               
          taxation of Maryland issued a certificate of good standing to               
          transact business to MFV, thereby reinstating its charter.  Under           
          Maryland law, the reinstatement of a forfeited charter is retro-            
          active to the date of forfeiture.  As a result, a company subject           
          to Maryland law is treated as if the forfeiture never occurred.             
          Since MFV’s charter was reinstated in February 2004, MFV has                
          remained in good standing under Maryland law and has filed                  


               39Since its formation in 2001, MFV did not hold any personal           
          property within the State of Maryland.                                      





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