Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 52

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          interpretation was previously rejected by a judicial tribunal in            
          favor of the plain reading application of that section.                     
               TRA 1986 section 1433(b)(2)(A) provides in relevant part               
          that the GST does not apply to “any generation-skipping transfer            
          under a trust which was irrevocable on September 25, 1985, but              
          only to the extent that such transfer is not made out of corpus             
          added to the trust after September 25, 1985”.3  As noted in the             
          Court’s opinion supra pp. 7 and 17-18, the Secretary proposed               
          section 26.2601-1(b)(1)(i), GST Tax Regs., in 1999, 13 years                
          after the enactment of TRA 1986 section 1433(b)(2)(A), to                   
          supplant the literal interpretation that the Secretary had given            
          TRA 1986 section 1433(b)(2)(A) in a predecessor regulation and,             
          more particularly, to overrule the judiciary’s rejection in                 
          Simpson v. United States, supra, of respondent’s more restrictive           
          interpretation of TRA 1986 section 1433(b)(2)(A).  As finalized,            




               2(...continued)                                                        
          disposition required by the text is not absurd--is to enforce it            
          according to its terms.”  Arlington Cent. Sch. Dist. Bd. of Educ.           
          v. Murphy, 548 U.S.    , 126 S.Ct. 2455, 2459 (2006) (citations             
          and internal quotation marks omitted).                                      
               3 As I read TRA 1986 sec. 1433(b)(2)(A), Congress included             
          within that section both a general rule and an exception thereto.           
          The general rule provides that the GST does not apply to “any               
          generation-skipping transfer under a trust which was irrevocable            
          on September 25, 1985”.  The exception provides that the general            
          rule applies “only to the extent that such transfer is not made             
          out of corpus added to the trust after September 25, 1985”.                 






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