Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 13

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               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 section                         





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