Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 27

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               administration while ensuring that transfers having a                  
               similar substantial effect will be subject to tax in a                 
               similar manner.  [Emphasis added.]                                     
          To paraphrase, the Committee expressed its intention that (1)               
          Federal transfer taxes generally should be applied as uniformly             
          as possible, and (2) generation-skipping transfers having a                 
          similar substantial effect should be taxed in a similar manner.             
               In Peterson Marital Trust v. Commissioner, 98 F.3d at 800,             
          the Second Circuit concluded the regulation in dispute therein              
          was a reasonable interpretation of TRA 1986 section 1433(b)(2)(A)           
          because the regulation ensured that general powers of appointment           
          would be treated consistently; i.e., treated as outright                    
          ownership of the property for purposes of all Federal transfer              
          taxes, which harmonized with the origin and purpose of the                  
          statute.                                                                    
               Section 26.2601-1(b)(1)(i), GST Tax Regs., harmonizes with             
          the origin and purpose of TRA 1986 section 1433(b)(2)(A) and                
          achieves the consistency and uniformity Congress sought.  By                
          excluding transfers arising from the exercise of a general power            
          of appointment from the transitional relief provided in TRA 1986            
          section 1433(b)(2)(A) for “transfers under a trust”, the                    
          regulation ensures that general powers of appointment are                   
          uniformly treated as the equivalent of outright ownership by the            
          power holder.  In other words, the regulation is consistent with            
          the general proposition under the GST tax regime that a decedent            
          who dies holding a general power of appointment over property is            




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