Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 51




                                       - 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  Next 

Last modified: March 27, 2008