- 78 - (3) If there was a transfer of property by Ms. Mirowski that was not a bona fide sale for an adequate and full consideration in money or money’s worth, (a) at the time of her death was the enjoyment of the property transferred subject to any change through the exercise of a power by Ms. Mirowski, alone or in conjunction with any other person,71 to alter, amend, revoke, or terminate within the meaning of section 2038(a)(1) or (b) did Ms. Mirowski relinquish any such power during the three-year period ending on the date of her death within the meaning of that section? Ms. Mirowski’s Transfers to MFV Transfer of Property by Decedent As discussed above, decedent’s estate acknowledges that Ms. Mirowski made transfers of assets to MFV on September 1, 5, 6, and 7, 2001. In light of that acknowledgment by decedent’s estate, we find that Ms. Mirowski’s transfers to MFV were transfers of property under section 2038(a)(1). 71Sec. 2038(a)(1) does not apply If the decedent’s power could be exercised only with the consent of all parties having an interest (vested or contingent) in the transferred property, and if the power adds nothing to the rights of the parties under local law * * * Sec. 20.2038-1(a)(2), Estate Tax Regs.Page: Previous 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 NextLast modified: March 27, 2008