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Based upon our examination of the entire record before us,
we find that 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). Based upon that examination, we further
find that the exception under section 2036(a) for a bona fide
sale for an adequate and full consideration in money or money’s
worth applies to Ms. Mirowski’s transfers to MFV.
Possession or Enjoyment of, or Right to Income From,
the Property Transferred or Right To Designate the
Persons Who Shall Possess or Enjoy the Property
Transferred or the Income From Such Property
We have found that 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). Consequently, we need not,
and we shall not, address with respect to those transfers the
factual issue presented under section 2036(a)(1) as to whether
Ms. Mirowski retained for life the possession or the enjoyment
of, or the right to the income from, the property transferred or
the factual issue presented under section 2036(a)(2) as to
whether Ms. Mirowski retained for life the right, either alone or
in conjunction with any person, to designate who shall possess or
enjoy the property transferred or the income therefrom.
Based upon our examination of the entire record before us,
we hold that section 2036(a) does not apply to Ms. Mirowski’s
transfers to MFV.
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Last modified: March 27, 2008