- 72 - 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.Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 NextLast modified: March 27, 2008