- 49 - fact, we disagree. We evaluated the respective testimonies of Ginat Mirowski and Ariella Rosengard by observing each of those witnesses’ candor, sincerity, and demeanor. We also evaluated the reason- ableness of the respective testimonies of those witnesses. We found Ginat Mirowski and Ariella Rosengard to be completely candid, sincere, and credible and their respective testimonies to be reasonable. We accorded controlling weight to the respective testimonies of Ginat Mirowski and Ariella Rosengard, which we concluded was appropriate on the record before us. We relied on those testimonies in making our findings of fact, including our findings that Ms. Mirowski had the following legitimate and significant nontax reasons for forming, and transferring certain 42(...continued) the Estate Plan which I recently discussed with you’ (emphasis added).” What respondent ignores is that Mr. Silver’s August 22, 2001 letter enclosing final articles of organization and a final operating agreement for MFV describes the matters discussed in that letter as “Business, Financial & Estate Planning Matters”. Respondent also ignores that Mr. Silver’s August 31, 2000 letter to Ms. Mirowski enclosing draft articles of organization and a draft operating agreement for MFV, which were virtually identical to the final versions of those documents, states that those drafts were undertaken “in connection with financial and tax planning on behalf of” Ms. Mirowski and her family. Decedent’s estate does not deny, and we have found on the record before us, that Ms. Mirowski understood that certain tax benefits could result from forming MFV. However, decedent’s estate maintains, and we have found on that record, that potential tax benefits were not the most significant factor in her decision to do so.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 NextLast modified: March 27, 2008