- 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 adequatePage: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 NextLast modified: March 27, 2008