- 43 - 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.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NextLast modified: March 27, 2008