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revoke, or terminate within the meaning of section 2038(a)(1). A
fortiori, Ms. Mirowski could not have relinquished, and we find
on the record before us that she did not relinquish, any such
power during the three-year period ending on the date of her
death within the meaning of that section.
Based upon our examination of the entire record before us,
we hold that section 2038(a)(1) does not apply to Ms. Mirowski’s
respective gifts of 16-percent interests in MFV to her daughters’
trusts.
Section 2035(a)
In order to resolve the parties’ dispute under section
2035(a),73 we must consider the following issues with respect to
73Sec. 2035(a) provides:
SEC. 2035. ADJUSTMENTS FOR CERTAIN GIFTS MADE WITHIN 3
YEARS OF DECEDENT’S DEATH.
(a) Inclusion of Certain Property in Gross
Estate.--If--
(1) the decedent made a transfer (by trust or
otherwise) of an interest in any property, or
relinquished a power with respect to any property,
during the 3-year period ending on the date of the
decedent’s death, and
(2) the value of such property (or an
interest herein) would have been included in the
decedent’s gross estate under section 2036, 2037,
2038, or 2042 if such transferred interest or
relinquished power had been retained by the
decedent on the date of his death, the value of
the gross estate shall include the value of any
property (or interest therein) which would have
(continued...)
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