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possession or the enjoyment of, or the right to the income from,
the property transferred within the meaning of section 2036(a)(1)
or (b) did she retain, either alone or in conjunction with any
person, the right to designate the persons who shall possess or
enjoy the property transferred or the income therefrom within the
meaning of section 2036(a)(2)?
Ms. Mirowski’s Transfers to MFV
Transfer of Property by Ms. Mirowski
Decedent’s estate acknowledges that Ms. Mirowski made
transfers of property to MFV on September 1, 5, 6, and 7, 2001.
In light of that acknowledgment by decedent’s estate, we find
that Ms. Mirowski’s transfers to MFV were transfers of property
under section 2036(a).
Transfer Other Than a Bona Fide Sale for an Adequate
and Full Consideration in Money or Money’s Worth
Section 2036(a) excepts from its application any transfer of
property otherwise subject to that section which is a “bona fide
sale for an adequate and full consideration in money or money’s
worth”. The foregoing exception is limited to a transfer of
property where the transferor “has received benefit in full
consideration in a genuine arm’s length transaction”. Estate of
Goetchius v. Commissioner, 17 T.C. 495, 503 (1951). More re-
cently, we held that the exception in section 2036(a) for a bona
fide sale for an adequate and full consideration in money or
money’s worth is satisfied in the context of a family limited
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