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and (5) after Ms. Mirowski died, MFV made distributions totaling
$36,415,810 to decedent’s estate that that estate used to pay
Federal and State transfer taxes, legal fees, and other estate
obligations (respondent’s contention (5)).46 According to re-
spondent, certain caselaw47 supports respondent’s view that the
presence of the foregoing types of factors necessarily estab-
lishes in the instant case the absence of a bona fide sale for an
adequate and full consideration in money or money’s worth under
section 2036(a).
With respect to respondent’s contentions (1), (2), and (3),
those contentions are not supported by the record in this case
and/or ignore material facts that we have found on the basis of
that record. We reject those contentions.
With respect to respondent’s contention (1), we have found
that the only anticipated significant financial obligation of Ms.
46Respondent also points out that MFV’s Form 1065 for its
taxable year 2002 erroneously reported that the distributions
that MFV made during that year were charged against its respec-
tive members’ capital accounts on virtually a pro rata basis.
The record does not disclose why that form contained that error.
In any event, we do not find that error to be a material factor
in our resolving the issues presented.
47The caselaw on which respondent relies includes Estate of
Korby v. Commissioner, 471 F.3d 848 (8th Cir. 2006), affg. T.C.
Memo. 2005-103, Estate of Thompson v. Commissioner, 382 F.3d 367
(3d Cir. 2004), affg. T.C. Memo. 2002-246, Estate of Rosen v.
Commissioner, T.C. Memo. 2006-115, Estate of Strangi v. Commis-
sioner, T.C. Memo. 2003-145, affd. on one ground only 417 F.3d
468 (5th Cir. 2005), Estate of Harper v. Commissioner, T.C. Memo.
2002-121, and Estate of Harrison v. Commissioner, T.C. Memo.
1987-8.
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