Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 21

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          proposition the transitional relief provided in section                     
          1433(b)(2) was intended to protect taxpayers who “relying on pre-           
          existing rules, made arrangements from which they could not                 
          reasonably escape”, respondent asserts section 26.2601-                     
          1(b)(1)(i), GST Tax Regs., is a reasonable interpretation of TRA            
          1986 section 1433(b)(2)(A).  In respondent’s view, the regulation           
          correctly focuses on whether a generation-skipping transfer was             
          mandated under a trust that was irrevocable on September 25,                
          1985, not (as petitioner contends) on whether the trust was                 
          irrevocable on September 25, 1985.  Respondent reasons that,                
          because the disputed generation-skipping transfers in this case             
          were not required or mandated under the trust, but were made at             
          the decedent’s election and pursuant to the exercise of a general           
          power of appointment under which decedent was deemed to be the              
          owner of the property for purposes of the Federal estate tax, the           
          transfers are not eligible for exemption from the GST tax under             
          TRA 1986 section 1433(b)(2)(A).                                             
          V.  Analysis                                                                
               This case presents a question of first impression concerning           
          the validity of section 26.2601-1(b)(1)(i), GST Tax Regs.  We               
          evaluate the validity of the regulation against the plain                   
          language of TRA 1986 section 1433(b)(2)(A), its origin, and its             
          purpose.  Our analysis is informed in part by caselaw                       
          interpreting the statute.  This case is appealable to the Court             
          of Appeals for the Sixth Circuit, which to our knowledge has not            




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