- 10 - provision simply reflects a "how" characterization. We follow that path herein. Under these circumstances and applying the teaching of the decided cases, we hold that the regulations contemplated under section 2663(2) reflect a "how" characterization and their issuance is not a necessary precondition to the imposition of the GST tax on the transfers involved herein. In enacting section 2663(2), Congress simply recognized that there would be problems of allocation and calculations of tax in respect of nonresident aliens because, unlike citizens and residents, not all the property of nonresident aliens is subject to U.S. estate tax. We are unimpressed with petitioner's attempt to create a "whether" patina to section 2663(2) by pointing to alleged gaps and possible invalid provisions of the proposed regulations dealing with the definition of "direct skip" transfers and the calculation of the taxable amount of a "direct skip" and applicable rate of tax. Such gaps and provisions clearly go to the "how" and not to the "whether" in respect of the application of the GST tax.3 In this connection, we note that petitioner 3 For a critical analysis of the proposed regulations, see Schlesinger, "The Generation-Skipping Transfer Tax--A Reexamination on Its Ninth Anniversary", 74 Taxes 49 (Jan. 1996); Heller & Sasaki, "Proposed Regulation Section 26.2663-2 and the Application of the Generation-Skipping Transfer Tax to Transfer by Nonresident Aliens", 12 Intl. Tax & Bus. Law. 291 (1994); see also Helt, "Generation-Skipping Transfer Tax Regulations," 74 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011