- 50 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 NextLast modified: March 27, 2008