Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 77




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          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.                                 





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