Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 57




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          determinative in the instant case of whether Ms. Mirowski’s                 
          transfers to MFV were bona fide sales for adequate and full                 
          consideration in money or money’s worth under section 2036(a).              
               With respect to respondent’s reliance on certain caselaw to            
          support respondent’s view that the existence of the various                 
          alleged contentions advanced by respondent 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), we find the cases on which respondent relies to            
          be factually distinguishable from the instant case and respon-              
          dent’s reliance on them to be misplaced.52                                  
               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 also contends that,                 
          because Ms. Mirowski did not at any time contemplate forming and            
          funding MFV without making respective gifts of 16-percent inter-            
          ests in MFV to her daughters’ trusts, Ms. Mirowski, “in sub-                
          stance, * * * received only a 52% MFV interest” in exchange for             
          Ms. Mirowski’s transfers to MFV of 100 percent of its assets.  As           
          a result, according to respondent, Ms. Mirowski “did not receive            


               52For example, the Court did not find in any of the cases on           
          which respondent relies that there was a significant and legiti-            
          mate nontax reason for the transfer involved to which the Court             
          held sec. 2036(a) applied.                                                  





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