- 19 - Section 26.2601-1(b)(1)(i), GST Tax Regs., now states in pertinent part: (b) Exceptions. (1) Irrevocable trusts. (i) In general. The provisions of chapter 13 do not apply to any generation-skipping transfer under a trust (as defined in section 2652(b)) that was irrevocable on September 25, 1985. * * * Further, the rule in the first sentence of this paragraph (b)(1)(i) does not apply to a transfer of property pursuant to the exercise, release, or lapse of a general power of appointment that is treated as a taxable transfer under chapter 11 or chapter 12. The transfer is made by the person holding the power at the time the exercise, release, or lapse of the power becomes effective, and is not considered a transfer under a trust that was irrevocable on September 25, 1985. * * * In sum, section 26.2601-1(b)(1)(i), GST Tax Regs., recites the general transitional rule set forth in TRA 1986 section 1433(b)(2)(A) and excepts from the rule a transfer of property pursuant to the exercise, release, or lapse of a general power of appointment if that transfer is treated as a taxable transfer by the power holder for purposes of Federal estate or gift taxes. Section 26.2601-1(c), GST Tax Regs., provides that the amended portion of the regulation is applicable on and after November 18, 1999.5 IV. The Parties’ Positions Petitioner relies on the Eighth and Ninth Circuit cases, Simpson and Bachler, for the proposition that the plain and unambiguous language of TRA 1986 section 1433(b)(2)(A) excepts 5 We note that decedent last amended and restated the Eleanor Gerson Trust on Sept. 13, 2000, some 10 months after the Secretary first proposed to amend the regulation in dispute.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011