127 T.C. No. 11 UNITED STATES TAX COURT ESTATE OF ELEANOR R. GERSON, DECEASED, ALLAN D. KLEINMAN, EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 13534-04. Filed October 24, 2006. G created the Benjamin Gerson Trust which became irrevocable when G died in 1973. The trust provided for the creation of a marital trust (the trust) for the benefit of G’s wife, D. The trust conferred upon D a general power of appointment over the trust property. D died in October 2000 and left a will under which she exercised the power of appointment in favor of her grandchildren. R determined that the transfer to D’s grandchildren was subject to generation-skipping transfer (GST) tax. P contends (1) sec. 26.2601- 1(b)(1)(i), GST Tax Regs., is invalid, and (2) the transfer is excepted from GST tax under sec. 1433(b)(2)(A) of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2731. Held: Sec. 26.2601-1(b)(1)(i), GST Tax Regs., is a reasonable and valid interpretation of sec. 1433(b)(2)(A) of the Tax Reform Act of 1986 because it harmonizes with the plain language of the statute, its origin, and its purpose.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011