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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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Last modified: March 27, 2008