Estate of Milada S. Neumann, Deceased, Eric W. Shaw, Ancillary Administrator, C.T.A. - Page 5

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                        the application of this chapter in the case of                                 
                        transferors who are nonresidents not citizens of                               
                        the United States, * * *                                                       
                  No regulation in respect of generation-skipping transfers by                         
            nonresident aliens had been issued at the time of decedent's                               
            death.  Notice of proposed regulations dealing with the GST tax                            
            as applied to nonresident aliens was first published in the                                
            Federal Register on December 24, 1992.  See PS-73-88, 1993-1 C.B.                          
            867, 883.  Final regulations were published on December 27, 1995.                          
            T.D. 8644, 1996-7 I.R.B. 16, 44 (Feb. 12, 1996).  Both the                                 
            proposed and final regulations had effective dates subsequent to                           
            the date of decedent's death.                                                              
                  Petitioner argues the GST tax should not apply to "direct                            
            skips" by nonresident aliens which occurred prior to the adoption                          
            of implementing regulations on the ground that section 2663(2)                             
            manifests the intent of Congress to require such regulations as a                          
            condition to the imposition of such tax.  Respondent counters                              
            that the statute itself imposes the tax and that section 2663(2)                           
            represents simply a recognition by Congress that regulations                               
            might be needed to fill in some of the details affecting the                               
            application of the GST tax to transfers by nonresident aliens.                             
            In this connection, we note that respondent apparently determined                          
            the manner in which the GST tax should be applied herein                                   
            consistently with the methodology set forth in the proposed                                
            regulations and that petitioner does not question that                                     




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