Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 76




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          gifts.  After those gifts, the daughters’ trusts, and not Ms.               
          Mirowski’s daughters, were members of MFV.69                                
               We turn now to the linchpin in respondent’s argument under             
          section 2036(a)(2), namely, under section 4.5.1 of MFV’s                    
          operating agreement Ms. Mirowski “alone held the power to                   
          determine the timing of the distribution of the capital                     
          transaction proceeds.”  We have considered and rejected that                
          contention when we addressed respondent’s argument under section            
          2036(a)(1) with respect to Ms. Mirowski’s gifts.  For the reasons           
          stated above, we reject respondent’s contention here in                     
          determining whether at the time of Ms. Mirowski’s gifts and at              
          the time of her death Ms. Mirowski retained a right described in            
          section 2036(a)(2) with respect to the respective 16-percent                
          interests in MFV that she gave to her daughters’ trusts.                    
               Based upon our examination of the entire record before us,             
          we find that at the time of Ms. Mirowski’s gifts and at the time            
          of her death Ms. Mirowski did not retain, either alone or in                
          conjunction with any person, the right to designate the persons             
          who shall possess or enjoy the respective 16-percent interests in           
          MFV that she gave to her daughters’ trusts or the income from               
          such interests within the meaning of section 2036(a)(2).                    
               Based upon our examination of the entire record before us,             
          we hold that section 2036(a) does not apply to Ms. Mirowski’s               

               69See supra note 56.                                                   





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