Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 78




                                       - 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  Next 

Last modified: March 27, 2008