Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 49




                                       - 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  Next 

Last modified: March 27, 2008