- 29 - intended to protect. Mr. Gerson did not structure his irrevocable trust in a manner that tied the hands of his heirs, nor was decedent required to make the disputed generation- skipping transfers. To the contrary, Mr. Gerson gave the decedent the flexibility to transfer trust property to anyone of her choosing. Decedent, who was aware or should have been aware of the regulation in dispute, nevertheless exercised her general power of appointment to effect a generation-skipping transfer. Considering all the factors discussed above, we hold section 26.2601-1(b)(1)(i), GST Tax Regs., is a reasonable and valid interpretation of the plain language of TRA 1986 section 1433(b)(2)(A). The regulation harmonizes with the plain language of the statute, its origin, and its purpose. Natl. Muffler Dealers Association v. United States, 440 U.S. at 477. Accordingly, we sustain respondent’s determination that decedent’s transfer to her grandchildren was subject to GST tax. To reflect the foregoing, Decision will be entered for respondent. Reviewed by the Court. COHEN, SWIFT, HALPERN, THORNTON, GOEKE, and KROUPA, JJ., agree with this majority opinion. CHIECHI, J., concurs in result only. FOLEY, J., did not participate in the consideration of this opinion.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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