Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 80




                                       - 80 -                                         
          section 2038(a)(1) as to (1) whether at the time of Ms.                     
          Mirowski’s death the enjoyment of the property transferred was              
          subject to any change through the exercise of a power by Ms.                
          Mirowski, alone or in conjunction with any other person, to                 
          alter, amend, revoke, or terminate or (2) whether Ms. Mirowski              
          relinquished any such power during the three-year period ending             
          on the date of her death.                                                   
               Based upon our examination of the entire record before us,             
          we hold that section 2038(a)(1) does not apply to Ms. Mirowski’s            
          transfers to MFV.                                                           
               Ms. Mirowski’s Gifts                                                   
                                                                                     
                    Transfer of Property by Ms. Mirowski                              
               As discussed above, decedent’s estate acknowledges that Ms.            
          Mirowski’s respective gifts of 16-percent interests in MFV to her           
          daughters’ trusts on September 7, 2001, were transfers of                   
          property.  In light of that acknowledgment by decedent’s estate,            
          we find that Ms. Mirowski’s gifts were transfers of property                
          under section 2038(a)(1).                                                   
                    Transfer Other Than a Bona Fide Sale for an Adequate              
                    and Full Consideration in Money or Money’s Worth                  
               Decedent’s estate also acknowledges that Ms. Mirowski’s                
          gifts were not bona fide sales for adequate and full                        
          consideration in money or money’s worth under section 2038(a)(1).           
          In light of that acknowledgment by decedent’s estate, we find               
          that Ms. Mirowski’s gifts were not bona fide sales for adequate             






Page:  Previous  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  Next 

Last modified: March 27, 2008