Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 34

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          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.              




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