Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 39

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          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 the                  






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