Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 72




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          transfer taxes, legal fees, and other estate obligations.64  As             
          discussed above, we have found that the only anticipated signifi-           
          cant financial obligation of Ms. Mirowski when she formed and               
          funded MFV and when she made the respective gifts to her daugh-             
          ters’ trusts was the substantial gift tax for which she would be            
          liable with respect to those gifts.  We have also found that at             
          no time before Ms. Mirowski’s death did the members of MFV have             
          any express or unwritten agreement or understanding to distribute           
          assets of MFV in order to pay that gift tax liability.  In order            
          to pay the anticipated gift tax liability with respect to her               
          contemplated respective gifts of 16-percent interests in MFV to             
          her daughters’ trusts, Ms. Mirowski could have (1) used a portion           
          of the over $7.5 million of personal assets that she retained and           
          did not transfer to MFV, including cash and cash equivalents of             
          over $3.3 million, (2) used a portion or all of the distributions           
          that she expected to receive as an interest holder in MFV of the            
          millions of dollars of royalty payments under the ICD patents               


               64Included in the Federal and State transfer taxes was                 
          $11,750,623 that decedent’s personal representatives paid in                
          April 2002 as the estimated gift tax liability with respect to              
          Ms. Mirowski’s respective gifts of 16-percent interests in MFV to           
          her daughters’ trusts.  In July 2002, those representatives filed           
          on behalf of Ms. Mirowski the 2001 Form 709 that showed actual              
          gift tax liability for 2001 of $9,729,280, resulting in a credit            
          to decedent’s estate.  Respondent determined a deficiency in Ms.            
          Mirowski’s gift tax for 2001 attributable to the value of each of           
          Ms. Mirowski’s gifts.  The parties have resolved their dispute as           
          to the gift tax of Ms. Mirowski for 2001.  See supra notes 1 and            
          36.                                                                         





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