- 13 - property to be distributed to persons other than the Grandchildren's Trusts, thereby avoiding a generation- skipping transfer. Accordingly, as of the September 25, 1985, grandfather date, the corpus of the trust was not irrevocably required to be distributed to the Grandchildren’s Trusts. Id. at 799-801 (emphasis added; fn. ref. omitted). Consistent with the foregoing, we held the temporary regulation, which established that a lapse of a general power of appointment would result in a constructive addition to a trust, was a reasonable and valid interpretation of TRA 1986 section 1433(b)(2)(A), and the transfers to Mr. Peterson’s grandchildren were subject to GST tax. The taxpayer appealed this Court’s decision to the Court of Appeals for the Second Circuit. In affirming our decision, the Court of Appeals emphasized TRA 1986 section 1433(b)(2)(A) must be interpreted in proper context. Peterson Marital Trust v. Commissioner, 78 F.3d at 796, 799. The Court of Appeals observed the exercise, release, or lapse of a general power of appointment is viewed as “essentially identical to outright ownership” of the underlying property by the power holder for purposes of Federal estate and gift taxes. Id. at 799-800. Applying this “ownership” principle consistently in the context of the GST tax, the Court of Appeals held that a transfer of property as the result of the lapse of a general power of appointment should be treated as if the power holder received and then added property to the trust within the meaning of TRA 1986 sectionPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011