Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 71




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               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              
          implied agreement that Ms. Mirowski retain an interest or a right           
          described in section 2036(a)(1) with respect to the respective              
          16-percent interests in MFV that she gave to her daughters’                 
          trusts, respondent relies on essentially the same contentions on            
          which respondent relies in support of respondent’s argument that            
          Ms. Mirowski’s transfers to MFV were not bona fide sales for                
          adequate and full consideration in money or money’s worth under             
          section 2036(a).  We have considered and rejected those conten-             
          tions.  For the reasons stated above, we reject respondent’s                
          contentions here in determining whether at the time of Ms.                  
          Mirowski’s gifts and at the time of her death there was an                  
          implied agreement that she retain an interest or a right de-                
          scribed in section 2036(a)(1) with respect to the respective 16-            
          percent interests in MFV that she gave to her daughters’ trusts.            
               We shall, however, address again what respondent considers             
          to be of “particular significance” in our determining whether at            
          the time of Ms. Mirowski’s gifts and at the time of her death               
          there was an implied agreement that she retain an interest or a             
          right described in section 2036(a)(1) with respect to the respec-           
          tive 16-percent interests in MFV that she gave to her daughters’            
          trusts, namely, during 2002, MFV distributed $36,415,810 to                 
          decedent’s estate which that estate used to pay Federal and State           







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