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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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Last modified: March 27, 2008