- 61 - 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.”Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 NextLast modified: March 27, 2008