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          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 general                 
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