- 22 - had occasion to address TRA 1986 section 1433(b)(2)(A) or regulations related thereto. We note at the outset that the Secretary promulgated section 26.2601-1(b)(1)(i), GST Tax Regs., after the Commissioner received an adverse decision from the Eighth Circuit in Simpson. In Natl. Cable & Telecomm. Association v. Brand X Internet Servs., 545 U.S. 967, ___, 125 S. Ct. 2688, 2700 (2005), the Supreme Court stated: A court’s prior judicial construction of a statute trumps an agency construction otherwise entitled to Chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute and thus leaves no room for agency discretion. As previously discussed, the Eighth Circuit based its holding in Simpson on the plain meaning of the phrase “transfer under a trust” contained in TRA 1986 section 1433(b)(2)(A), whereas this Court and the Second Circuit in Peterson Marital Trust held that the same statute must be read in proper context. Where, as here, the Secretary was confronted with what we consider conflicting judicial constructions of TRA 1986 section 1433(b)(2)(A), we do not believe the Supreme Court’s statement in Natl. Cable & Telecomm. Association curtailed the Secretary’s discretion to promulgate the regulation in dispute or mandates a holding in this case that Simpson trumps the regulation in dispute. Section 26.2601-1(b)(1)(i), GST Tax Regs., is a Federal interpretative tax regulation promulgated under the generalPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011