Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 49

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          Peterson,7 moreover, the Second Circuit agreed with us (even in             
          the absence of the regulation at issue today) that it was                   
          reasonable to regard the lapse of a general power as a                      
          constructive addition to the trust that created it.  It is just             
          as reasonable to treat all generation-skipping uses--whether a              
          lapse or transfer or some other exercise--of a general power                
          alike.  Doing so eliminates the distinctions created in Simpson             
          and Bachler between the taxability of a general power’s exercise,           
          and the taxability of its lapse.  It also conforms the transition           
          provision to a commonsense reading of section 1433(b)(2)(A) as              
          protecting generation-skipping transfers only where the tax could           
          not have otherwise been avoided.                                            
               Is section 26.2601-1(b)(1)(i), GST Tax Regs., the best                 
          interpretation of the statute?  That isn’t for us to decide.  Our           
          task is simply to determine if the regulation is a reasonable               
          interpretation of the exemption’s applicability to the holder of            
          a general power under an irrevocable generation-skipping trust.             
          This regulation is.                                                         
               SWIFT, J., agrees with this concurring opinion.                        








               7 Peterson Marital Trust v. Commissioner, 102 T.C. 790                 
          (1994), affd. 78 F.3d 795 (2d Cir. 1996).                                   




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