- 39 - immediately precedes “transfer under a trust”. In Simpson, for instance, the appeals court reasoned that because the exercise of a general power of appointment was made possible by the trust, and the transfer was “under” the trust, the generation-skipping transfer effected by the power’s exercise qualified under the transitional rule. Simpson v. United States, supra at 814; accord Bachler v. United States, supra. Under this construction, however, the modifying language “generation-skipping” has no significant effect. Inasmuch as neither the GST tax nor the transitional rule has any application to any type of transfer other than a generation-skipping transfer, the modifying language “generation-skipping” is unnecessary and superfluous if it serves merely to label the type of transfer eligible for transitional relief. Yet, under the reading adopted by Simpson and Bachler, the language appears to serve no other function. To have significant purpose and effect, the modifying language “generation-skipping” is properly construed, I believe, as limiting transitional relief to a generation-skipping transfer that is pursuant to the terms of the trust agreement; i.e., to a transfer that is, just as the statute says, “a generation- skipping transfer under a trust”. A generation-skipping transfer that results from the power holder’s exercise of a general power of appointment under a trust agreement is not a “generation- skipping transfer under a trust” within the meaning of thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011