Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 17

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          became irrevocable on or before September 25, 1985.  The Court of           
          Appeals reasoned as follows:                                                
               The point is that when the trust was created and became                
               irrevocable Mrs. Bryan was given the authority, under                  
               the law as it then existed, to exercise her general                    
               power of appointment in favor of anyone at all, and to                 
               do so without subjecting the transfer to a GST tax,                    
               such a tax then being far in the future.  This is the                  
               sort of reliance that the effective-date provision                     
               protects.  [Simpson v. United States, supra at 814-                    
               815.]                                                                  
               As a final matter, the Court of Appeals rejected the                   
          Commissioner’s reliance on Peterson Marital Trust, distinguishing           
          that case on the grounds (1) it concerned the lapse of a power of           
          appointment (as opposed to the exercise of a power of                       
          appointment), and (2) the Commissioner had relied upon a                    
          temporary Treasury regulation in Peterson Marital Trust, whereas            
          there was no regulation applicable to the transfer in dispute in            
          the Simpson case.  Simpson v. United States, 183 F.3d at 815-816.           
              C.  Bachler v. United States                                           
          In Bachler v. United States, 281 F.3d 1078 (9th Cir. 2002),                 
          revg. and remanding 126 F. Supp. 2d 1279 (N.D. Cal. 2000),                  
          another case presenting a scenario nearly identical to the                  
          instant case, the Court of Appeals for the Ninth Circuit followed           
          the holding of the Eighth Circuit in Simpson and held the                   
          disputed transfer to the Bachler grandchildren was eligible for             
          relief from the GST tax under TRA 1986 section 1433(b)(2)(A).               
          The disputed transfer in Bachler occurred in 1997, and,                     
          therefore, the Court of Appeals declined to address the validity            




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