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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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Last modified: March 27, 2008