- 25 - the precise question at issue here; i.e., the proper treatment under the GST tax effective-date provisions of transfers effected pursuant to the exercise, release, or lapse of a general power of appointment. As previously discussed, the Eighth and Ninth Circuits in Simpson and Bachler, respectively, have held the plain language of TRA 1986 section 1433(b)(2)(A) excepts from GST tax a generation-skipping transfer effected pursuant to the exercise of a general power of appointment under a trust that was irrevocable on September 25, 1985. We respectfully disagree with the holdings in these two cases. Instead, we adhere to the view, articulated by the Second Circuit in Peterson Marital Trust, that the words of TRA 1986 section 1433(b)(2)(A) “can only be given meaning in a particular context”. Peterson Marital Trust v. Commissioner, 78 F.3d at 799.7 Consistent with Natl. Muffler Dealers Association and Chevron U.S.A., Inc., we do not evaluate the validity of section 26.2601-1(b)(1)(i), GST Tax Regs., by examining the plain language of TRA 1986 section 1433(b)(2)(A) in a vacuum--we also are obliged to consider the origin and purpose of the statute. Our review of the legislative history of TRA 1986 as it pertains to the question presented reveals two matters that warrant discussion. First, as we comprehend statements by the Committee on Ways and Means (the Committee) in H. Rept. 99-426, 7 Cf. Greenpeace, Inc. v. Waste Techs. Indus., 9 F.3d 1174, 1179-1181 (6th Cir. 1993).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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