Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 16

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          the benefit of his wife, Mrs. Bryan.  The trust gave Mrs. Bryan a           
          general power of appointment by will.  Mrs. Bryan died in 1993              
          and left a will in which she exercised her power of appointment             
          in favor of her grandchildren.  The Commissioner determined the             
          transfer to the grandchildren was subject to GST tax, and the               
          District Court granted the Commissioner’s motion for summary                
          judgment, holding TRA 1986 section 1433(b)(2)(A) did not apply to           
          relieve the taxpayer of liability.                                          
               On appeal, the Court of Appeals for the Eighth Circuit                 
          reversed, holding the transfer to the grandchildren constituted a           
          “transfer under a trust which was irrevocable on September 25,              
          1985” within the plain meaning of the language of TRA 1986                  
          section 1433(b)(2)(A).  The Court of Appeals stated:                        
               Trust A, having been created by Mr. Simpson’s will in                  
               1966, was of course irrevocable on September 25, 1985.                 
               Was the transfer made by Mrs. Simpson a transfer                       
               ‘under’ this trust?  We do not see how an affirmative                  
               answer can be avoided.  The power of appointment that                  
               made the transfer possible was created by the trust.                   
               Language has to mean something, and the argument that                  
               this particular transfer was not ‘under’ trust A is                    
               simply untenable.  [Simpson v. United States, supra at                 
               814-815.]                                                              
          In so holding, the Court of Appeals rejected the Commissioner’s             
          argument that the relevant action for purposes of TRA 1986                  
          section 1433(b)(2)(A) was Mrs. Bryan’s exercise of her power of             
          appointment (after October 22, 1986).  In particular, the Court             
          of Appeals concluded the relevant action under the express                  
          language of TRA 1986 section 1433(b)(2)(A) was whether the trust            





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