Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 9

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               (b) Special Rules.--                                                   
                                    *  *  *  *  *                                     
               (2) Exceptions.--The amendments made by this subtitle                  
               shall not apply to--                                                   
               (A) any generation-skipping transfer under a trust                     
               which was irrevocable on September 25, 1985, but only                  
               to the extent that such transfer is not made out of                    
               corpus added to the trust after September 25, 1985 (or                 
               out of income attributable to corpus so added),                        
          September 25, 1985, apparently was selected as the effective date           
          for irrevocable trusts because the House Committee on Ways and              
          Means held a markup session on these matters on September 26,               
          1985.  See Staff of the Joint Comm. on Taxation, 99th Cong., Tax            
          Reform Proposals in Connection with Committee on Ways and Means             
          Markup (JCS-44-85) (Sept. 26, 1985).                                        
          II.  Caselaw                                                                
               Before section 26.2601-1(b)(1)(i), GST Tax Regs. (discussed            
          below) was promulgated, this Court and others opined on the                 
          applicability of the transitional or effective date provisions of           
          TRA 1986 section 1433(b)(2)(A).                                             
               A.  Peterson Marital Trust v. Commissioner                             
               In Peterson Marital Trust v. Commissioner, 102 T.C. 790                
          (1994), affd. 78 F.3d 795 (2d Cir. 1996), we were asked to decide           
          the validity of a regulation which provided that the lapse of a             
          general power of appointment resulted in a “constructive”                   
          addition to the trust after the effective date of the GST tax.              
          In that case, E. Norman Peterson died in 1974 and left a will               
          providing for the creation of a marital trust under which his               





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