Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 60




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               Ms. Mirowski’s Gifts                                                   
                    Transfer of Property by Ms. Mirowski                              
               Decedent’s estate acknowledges that Ms. Mirowski’s respec-             
          tive gifts of 16-percent interests in MFV to her daughters’                 
          trusts on September 7, 2001, were transfers of property.  In                
          light of that acknowledgment by decedent’s estate, we find that             
          Ms. Mirowski’s gifts were transfers of property under section               
          2036(a).                                                                    
                    Transfer Other Than a Bona Fide Sale for an Adequate              
                    and Full Consideration in Money or Money’s Worth                  
               Decedent’s estate also acknowledges that Ms. Mirowski’s                
          gifts were not bona fide sales for adequate and full consider-              
          ation in money and money’s worth under section 2036(a).  In light           
          of that acknowledgment by decedent’s estate, we find that Ms.               
          Mirowski’s gifts were not bona fide sales for adequate and full             
          consideration in money or money’s worth under section 2036(a).              
                    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                      
               The parties agree that an interest or a right described in             
          section 2036(a)(1) and (2) is treated as having been retained if            
          at the time of the transfer of property there was an express or             
          implied agreement or understanding that the interest or right               
          would later be conferred.  See sec. 20.2036-1(a), Estate Tax                
          Regs.  They disagree over whether there was such an express or              







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