Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 46




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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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