- 77 - respective gifts of 16-percent interests in MFV to her daughters’ trusts. Section 2038(a)(1) In order to resolve the parties’ dispute under section 2038(a)(1),70 we must consider the following factual issues (1) with respect to Ms. Mirowski’s transfers to MFV and (2) with respect to Ms. Mirowski’s gifts: (1) Was there a transfer of property by Ms. Mirowski? (2) If there was a transfer of property by Ms. Mirowski, was such a transfer not a bona fide sale for an adequate and full consideration in money or money’s worth? 70Sec. 2038(a)(1) provides: SEC. 2038. REVOCABLE TRANSFERS. (a) In General.--The value of the gross estate shall include the value of all property-- (1) Transfers after June 22, 1936.--To the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, where the enjoyment thereof was subject at the date of his death to any change through the exercise of a power (in whatever capacity exercisable) by the decedent alone or by the decedent in conjunction with any other person (without regard to when or from what source the decedent acquired such power), to alter, amend, revoke, or terminate, or where any such power is relinquished during the 3-year period ending on the date of the decedent’s death.Page: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 NextLast modified: March 27, 2008