- 52 - 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”.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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