- 34 - the interpretation reflected in the majority opinion herein, are consistent and uniform. Under those interpretations, post- September 25, 1985, exercises of general powers of appointment in favor of skip donees do not qualify for the TRA 1986 section 1433(b)(2)(A) grandfather provision, and they trigger the GST tax. Peterson Marital Trust is not distinguishable and supports the majority’s opinion herein. Respectfully, in the above two respects the United States Courts of Appeals for the Eighth and the Ninth Circuits in Simpson and in Bachler erred in their analyses of TRA 1986 section 1433(b)(2)(A). A few concluding comments are appropriate. It has been recently suggested that the Secretary and respondent are misusing their administrative regulatory authority to “bootstrap” (Judge Laro’s dissent, infra p. 50 note 1) or overcome a “failed litigating position” (Swallows Holding v. Commissioner, 126 T.C. 96, 148 (2006)). In my opinion, these suggestions are inappropriate and incorrect. Under section 7805(a), Congress has given the Secretary and respondent important authority and responsibility to assist in the administration of our Federal income tax laws through the promulgation of regulations. The suggestion that the Secretary and respondent are somehow misusing this authority and responsibility undermines their important role in this regard.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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