Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 50




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          assets to, MFV:43  (1) Joint management of the family’s assets by           
          her daughters and eventually her grandchildren;44 (2) maintenance           
          of the bulk of the family’s assets in a single pool of assets in            
          order to allow for investment opportunities that would not be               


               43We also found on the basis of the respective testimonies             
          of Ginat Mirowski and Ariella Rosengard that another legitimate             
          nontax reason Ms. Mirowski formed and funded MFV was that she               
          wanted to provide protection from potential creditors for the               
          interests in the family’s assets that she intended to provide to            
          her daughters and her grandchildren in addition to the creditor             
          protection provided by her daughters’ trusts that, as so-called             
          spendthrift trusts, were penetrable by creditors for purposes of            
          alimony or child support.  See Zouck v. Zouck, 104 A.2d 573, 575,           
          578-580 (Md. 1954); Safe Deposit & Trust Co. v. Robertson, 65               
          A.2d 292 (Md. 1949).  We found that Ms. Mirowski’s desire for               
          additional creditor protection was not a significant reason in              
          her decision to form and fund MFV.                                          
               44On the record before us, we find that Ms. Mirowski’s                 
          significant and legitimate nontax purpose in forming and funding            
          MFV of ensuring joint management of the family’s assets by her              
          daughters and eventually her grandchildren, standing alone, is              
          sufficient to satisfy the requirement that, in order to qualify             
          for the exception in sec. 2036(a) for a bona fide sale for an               
          adequate and full consideration in money or money’s worth, there            
          must be a legitimate and significant nontax reason for creating             
          the entity in question.  Ms. Mirowski’s nontax reason in forming            
          and funding MFV of ensuring joint management of the family’s                
          assets by her daughters and eventually her grandchildren was                
          rooted in Ms. Mirowski’s formative years in Lyon where she and              
          her family worked together in the family business.  Ms. Mirowski            
          valued the family cohesiveness that joint management of a family            
          business can foster.  Although Ms. Mirowski was aware that her              
          daughter Ariella Rosengard would probably move to England with              
          her husband and children, Ms. Mirowski wanted her daughters, and            
          eventually her grandchildren, to work together, remain closely              
          knit, and be jointly involved in managing (1) the investments               
          derived from the royalties received from Dr. Mirowski’s invention           
          of the ICD and (2) the business matters relating to the ICD                 
          patents and the ICD patents license agreement, including the                
          litigation arising with respect to those patents and that license           
          agreement.  Her daughters have done so.                                     





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