- 55 -
tion. Moreover, we reject the suggestion in respondent’s conten-
tion (2) that the activities of MFV had to rise to the level of a
“business” under the Federal income tax laws in order for the
exception under section 2036(a) for a bona fide sale for an
adequate and full consideration in money or money’s worth to
apply.50
With respect to respondent’s contention (3), as discussed
above with respect to respondent’s contention (1), we have found
that at no time before September 10, 2001, when Ms. Mirowski’s
condition unexpectedly deteriorated significantly, did Ms.
Mirowski, her daughters, or her physicians expect her to die and
that consequently at no time did Ms. Mirowski and her daughters
discuss or anticipate the estate tax and similar transfer taxes
and the other estate obligations that would arise only as a
result of Ms. Mirowski’s death. We have also found that Ms.
Mirowski was being treated since January 2001 both at home and at
Johns Hopkins Hospital for a diabetic foot ulcer and that she was
admitted to Johns Hopkins Hospital on August 31, 2001, for
further treatment of that ulcer. In addition, we have found that
at all times throughout the course of her treatment from January
2001 until September 10, 2001, when Ms. Mirowski’s condition
unexpectedly deteriorated significantly, the expectations of the
50See, e.g., Estate of Stone v. Commissioner, T.C. Memo.
2003-309.
Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: March 27, 2008