Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 55




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          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.                                                                   





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