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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.
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Last modified: March 27, 2008