Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 79




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                    Transfer Other Than a Bona Fide Sale for an Adequate              
                    and Full Consideration in Money or Money’s Worth                  
               Like section 2036(a), section 2038(a)(1) excepts from its              
          application any transfer of property otherwise subject to that              
          section which is a “bona fide sale for an adequate and full                 
          consideration in money or money’s worth”.  The respective                   
          exceptions in sections 2036(a) and 2038(a)(1) have the same                 
          meaning.  Based upon our examination of the entire record before            
          us and for the reasons stated above with respect to our finding             
          that Ms. Mirowski’s transfers to MFV were bona fide sales for               
          adequate and full consideration in money or money’s worth under             
          section 2036(a), we find that Ms. Mirowski’s transfers to MFV               
          were bona fide sales for adequate and full consideration in money           
          or money’s worth under section 2038(a)(1).  Based upon that                 
          examination and for those reasons, we further find that the                 
          exception under section 2038(a)(1) for a bona fide sale for an              
          adequate and full consideration in money or money’s worth applies           
          to Ms. Mirowski’s transfers to MFV.                                         
                    Power To Alter, Amend, Revoke, or Terminate                       
                    the Enjoyment of the Property Transferred or                      
                    Relinquishment of Any Such Power During the                       
                    Three-Year Period Ending on the Date of Death                     
               We have found that Ms. Mirowski’s transfers to MFV were bona           
          fide sales for adequate and full consideration in money or                  
          money’s worth under section 2038(a)(1).  Consequently, we need              
          not, and we shall not, address the factual issues presented under           







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