Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 25

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          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).                                                  




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