- 6 - return reported a gross estate in the amount of $22,054,002.79, and Federal estate tax in the amount of $7,168,531.02. As indicated, respondent issued a statutory notice of deficiency to decedent’s estate. A timely petition for redetermination was filed with the Court challenging respondent’s determination. Discussion The parties do not dispute that a transfer from decedent directly to her grandchildren, skipping over decedent’s children, normally would be subject to GST. As discussed in detail below, the dispute in this case centers on the transitional relief provided by the “grandfather” exception to the GST tax set forth in TRA 1986 section 1433(b)(2)(A), and the validity of section 26.2601-1(b)(1)(i), GST Tax Regs. The regulation provides that a transfer of property pursuant to the exercise, release, or lapse of a general power of appointment that is treated as a taxable transfer under Federal estate and/or gift tax provisions, is not a “transfer under a trust” that is eligible for transitional relief from GST tax under TRA 1986 section 1433(b)(2)(A). To frame the issue properly, we briefly outline the GST tax provisions, review pertinent caselaw that preceded the promulgation of section 26.2601-1(b)(1)(i), GST Tax Regs., examine the regulation and the circumstances surrounding its promulgation, and summarize the parties’ positions.Page: Previous 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