- 51 - available if Ms. Mirowski were to make a separate gift of a portion of her assets to each of her daughters or to each of her daughters’ trusts; and (3) providing for each of her daughters and eventually each of her grandchildren on an equal basis.45 In support of respondent’s position that the exception under section 2036(a) for a bona fide sale for an adequate and full consideration in money or money’s worth does not apply to Ms. Mirowski’s transfers to MFV, respondent advances certain other contentions, including the following: (1) Ms. Mirowski failed to retain sufficient assets outside of MFV for her anticipated financial obligations (respondent’s contention (1)); (2) MFV lacked any valid functioning business operation (respondent’s contention (2)); (3) Ms. Mirowski delayed forming and funding MFV until shortly before her death and her health had begun to fail (respondent’s contention (3)); (4) Ms. Mirowski sat on both sides of Ms. Mirowski’s transfers to MFV (respondent’s contention (4)); 45Ms. Mirowski’s formation of MFV and her lifetime gift of an equal interest in it to each of her daughters’ trusts enabled Ms. Mirowski to ensure that her daughters and eventually her grandchildren would continue to hold respective interests of equal worth in the bulk of the family’s assets. Respondent asserts that under Estate of Bongard v. Commis- sioner, 124 T.C. 95 (2005), facilitation of lifetime giving may never qualify as a significant nontax reason for forming and funding a family LLC or a family partnership. We reject respon- dent’s assertion. In Estate of Bongard, we did not conclude that an intention to facilitate lifetime giving may never be a signif- icant nontax factor. Rather, we found on the record presented there that such an intention was not a significant nontax reason for forming the partnership involved in that case. Id. at 127.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NextLast modified: March 27, 2008