Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 74




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          Mirowski’s daughters), agreed and decided that MFV should not               
          make distributions to them.68  In making that decision, MFV’s               
          members had in mind that those members will own collectively 100            
          percent of MFV, in three equal shares, after decedent’s estate is           
          closed.                                                                     
               On the record before us, we conclude that the decision by              
          MFV’s members after Ms. Mirowski died to have MFV distribute                
          during 2002 over $36 million to decedent’s estate, which the                
          estate used to pay Federal and State transfer taxes, legal fees,            
          and other estate obligations, is not determinative in the instant           
          case of whether 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.                                 
               On the record before us, we find that at the time of Ms.               
          Mirowski’s gifts and at the time of her death there was no                  
          implied agreement or understanding 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.                                                          


               68In other words, MFV’s members (i.e., the daughters’                  
          trusts) agreed and decided that during 2002 MFV should not make             
          pro rata distributions to all of the interest holders of MFV.               






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