- 14 - 1433(b)(2)(A). Holding that the constructive addition principle embodied in section 26.2601-1(b)(1)(v)(A), Temporary GST Tax Regs., supra, was a reasonable construction of the statute, the Court of Appeals rejected the taxpayer’s argument the word “added” in TRA 1986 section 1433(b)(2)(A) should be interpreted according to its ordinary, literal meaning (thus requiring an actual increase in the size of the trust as opposed to a constructive addition to the trust). Peterson Marital Trust v. Commissioner, 78 F.3d at 800. The Court of Appeals also rejected the taxpayer’s argument the regulation in question was invalid because it did not comport with the purpose of the effective date provisions. The taxpayer argued Mrs. Peterson allowed her power of appointment to lapse in an innocent effort to honor her husband’s wishes and no elaborate legal maneuvers were employed in carrying out the transfers. The Court of Appeals responded as follows: The [effective date] rule was not enacted to allow taxpayers who, in good faith and without intent to evade taxes, seek to continue benefitting from a tax advantage that Congress has eliminated. It was designed, instead, to protect those taxpayers who, on the basis of pre-existing rules, made arrangements from which they could not reasonably escape and which, in retrospect had become singularly undesirable.6 By giving Mrs. Peterson a general power of appointment over the trust, Mr. Peterson created an arrangement which was desirable under then-existing tax laws and which could be reworked completely should the laws change, as they in fact did. There is no reason to “grandfather” such a mutable arrangement, and Congress has given no indication that it wished to do so. * * * * *Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011