- 20 - the transfer in dispute from GST tax, inasmuch as decedent’s exercise of her general power of appointment under the Benjamin Gerson Trust in favor of her grandchildren constituted a “generation-skipping transfer under a trust that was irrevocable on September 25, 1985”. Petitioner maintains section 26.2601- 1(b)(1)(i), GST Tax Regs., is an invalid attempt by the Secretary to “re-write the statute and to override the judicial construction of the statute’s plain language”.6 As petitioner sees it, TRA 1986 section 1433(b)(2)(A) was intended to protect the reliance interest of a grantor of a trust that was irrevocable on September 25, 1985--that is, Congress intended such grantors could be assured any transfer from an irrevocable trust would not be subjected to GST tax. Respondent maintains section 26.2601-1(b)(1)(i), GST Tax Regs., is a reasonable and valid interpretation of TRA 1986 section 1433(b)(2)(A). Respondent avers TRA 1986 section 1433(b)(2)(A) is silent regarding the proper treatment of transfers from irrevocable trusts pursuant to the exercise of a general power of appointment, and section 26.2601-1(b)(1)(i), GST Tax Regs., reasonably fills the statutory gap. Relying on the Second Circuit opinion in Peterson Marital Trust for the general 6 In connection with this point, petitioner contends TRA 1986 sec. 1433(b)(2)(A) was carefully drafted to except from the GST tax any transfer under a trust that was irrevocable on Sept. 25, 1985, with one narrow exclusion for transfers made out of corpus added to the trust after Sept. 25, 1985.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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