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Section 2036(a)
In order to resolve the parties’ dispute under section
2036(a),41 we must consider the following factual issues (1) with
respect to Ms. Mirowski’s transfers to MFV and (2) with respect
to her respective gifts of 16-percent interests in MFV to her
daughters’ trusts:
(1) Was there a transfer of property by Ms. Mirowski?
(2) If there was a transfer of property by Ms. Mirowski, was
such a transfer not a bona fide sale for an adequate and full
consideration in money or money’s worth?
(3) If there was a transfer of property by Ms. Mirowski that
was not a bona fide sale for an adequate and full consideration
in money or money’s worth, (a) did Ms. Mirowski retain the
41Sec. 2036(a) provides:
SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE.
(a) General Rule.--The value of the gross estate
shall include the value of all property to the extent
of any interest therein of which the decedent has at
any time made a transfer (except in case of a bona fide
sale for an adequate and full consideration in money or
money’s worth), by trust or otherwise, under which he
has retained for his life or for any period not ascer-
tainable without reference to his death or for any
period which does not in fact end before his death--
(1) the possession or enjoyment of, or the
right to the income from, the property, or
(2) the right, either alone or in conjunction
with any person, to designate the persons who
shall possess or enjoy the property or the income
therefrom.
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