- 49 - 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).Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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