- 48 -
there was no legitimate, significant nontax reason for Ms.
Mirowski’s forming, and transferring assets to, MFV. In advanc-
ing that contention, respondent asks the Court to disregard the
respective testimonies of Ginat Mirowski and Ariella Rosengard,
two of decedent’s three daughters and the personal representa-
tives of decedent’s estate, regarding the nontax reasons Ms.
Mirowski decided to form and fund MFV. According to respondent,
the relationship of those witnesses to decedent and to decedent’s
estate colored their respective testimonies.42 As the trier of
42In support of respondent’s argument that the Court should
disregard the respective testimonies of Ginat Mirowski and
Ariella Rosengard regarding the nontax reasons Ms. Mirowski
formed and funded MFV, respondent also maintains (1) that those
reasons “are unsupported by any contemporaneous corroborating
evidence” and (2) that the “only contemporaneous” evidence in the
record regarding the reasons Ms. Mirowski formed and funded MFV
is Mr. Silver’s August 22, 2001 letter to Ms. Mirowski, which
contradicts the respective testimonies of Ginat Mirowski and
Ariella Rosengard and supports respondent’s position that Ms.
Mirowski did so for estate tax reasons.
With respect to respondent’s assertion that there is no
“contemporaneous corroborating evidence” supporting the nontax
reasons for forming and funding MFV about which Ginat Mirowski
and Ariella Rosengard testified, as discussed below, we found
Ginat Mirowski and Ariella Rosengard to be completely candid,
sincere, and credible and accorded controlling weight to their
respective testimonies.
With respect to respondent’s assertion that the “only
contemporaneous” evidence in the record regarding the reasons Ms.
Mirowski formed and funded MFV is Mr. Silver’s August 22, 2001
letter to Ms. Mirowski, which contradicts the respective testimo-
nies of Ginat Mirowski and Ariella Rosengard and supports respon-
dent’s position that Ms. Mirowski did so for estate tax reasons,
respondent quotes the following sentence from Mr. Silver’s August
22, 2001 letter: “‘We are beginning the process of implementing
(continued...)
Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: March 27, 2008