Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 15

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                    Mr. Peterson did not tie himself or his heirs up                  
               at all.  He gave Mrs. Peterson a power over the trust                  
               that was great enough to undo any harm that stemmed                    
               from reliance on the absence of a GST at the time the                  
               trust was created.  It is this fact that, in the end,                  
               not only gives additional support to the view that the                 
               Treasury Regulation on constructive additions is a                     
               reasonable one, but also negates all of the taxpayer’s                 
               arguments that on “policy grounds” the exemption should                
               apply in this case.                                                    
                    6 This understanding of the purpose behind the                    
               effective date rule is underscored by the other                        
               provisions of the rule.  First, the rule provided that                 
               the GST would not apply to transfers made by wills that                
               had been executed before the date of enactment of the                  
               GST (October 22, 1986) if the decedent died before                     
               January 1, 1987.  Pub. L. 99-514, �1433(b)(2)(B).  This                
               exception ensured that an individual who did not have a                
               reasonable time between the enactment of the law and                   
               his death to alter his will would not be penalized by                  
               the new provision.  Second, the effective date rule                    
               allowed an exception for any individual who was ‘under                 
               a mental disability to change the disposition of his                   
               property and did not regain his competence to dispose                  
               of such property before the date of his death.’  Pub.                  
               L. 99-514, �1433(b)(2)(C).                                             
          Id. at 801-802 (emphasis added).                                            
               B.  Simpson v. United States                                           
               In Simpson v. United States, 183 F.3d 812 (8th Cir. 1999),             
          revg. and remanding 17 F. Supp. 2d 972 (W.D. Mo. 1998), the Court           
          of Appeals for the Eighth Circuit addressed a factual scenario              
          nearly identical to the instant case and held a transfer to                 
          grandchildren pursuant to the exercise of a general power of                
          appointment was eligible for transitional relief from GST tax               
          under TRA 1986 section 1433(b)(2)(A).                                       
               The facts in Simpson are as follows.  Mr. Simpson died in              
          1966 and left a will creating a testamentary trust primarily for            




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