Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 61




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          implied agreement or understanding at the time Ms. Mirowski made            
          respective gifts of 16-percent interests in MFV to her daughters’           
          trusts.                                                                     
                         Possession or Enjoyment of, or Right to                      
                         Income From, the Property Transferred                        
               It is the position of decedent’s estate that                           
               there was no understanding, express or implied, that                   
               decedent retained [sic] any interest in the 16% MFV                    
               interests that had been transferred to the [respective]                
               Trusts for the benefit of decedent’s daughters and                     
               their issue. * * * Decedent completed those gifts of                   
               MFV interests on September 7, 2001, and thereafter had                 
               no right to receive, and did not receive, any benefit                  
               whatsoever from such interests. * * *                                  
                    Moreover, this case does not involve the kinds of                 
               facts that have led courts to find implied agreements                  
               that a decedent has retained an interest in the                        
               decedent-transferred property. * * *                                   
               Respondent counters that at the time of Ms. Mirowski’s gifts           
          and at the time of her death an agreement, both express and                 
          implied, existed that Ms. Mirowski retain the possession or the             
          enjoyment of, or the right to the income from, the respective 16-           
          percent interests in MFV that she gave to her daughters’                    
          trusts.54                                                                   
               In support of respondent’s contention that at the time of              
          Ms. Mirowski’s gifts and at the time of her death there was an              

               54As discussed below, respondent advances the same conten-             
          tion with respect to the respective 16-percent interests in MFV             
          that Ms. Mirowski gave to her daughters’ trusts in support of               
          respondent’s argument under sec. 2036(a)(2) that Ms. Mirowski               
          “retained the right to designate the persons who could possess or           
          enjoy the assets or the income therefrom during her lifetime.”              





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