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section 26.2601-1(b)(1)(i), GST Tax Regs., states in relevant
part:
The provisions of chapter 13 do not apply to any
generation-skipping transfer under a trust (as defined
in section 2652(b)) that was irrevocable on September
25, 1985. * * * Further, the rule in the first
sentence of this paragraph (b)(1)(i) does not apply to
a transfer of property pursuant to the exercise,
release, or lapse of a general power of appointment
that is treated as a taxable transfer under chapter 11
or chapter 12. The transfer is made by the person
holding the power at the time the exercise, release, or
lapse of the power becomes effective, and is not
considered a transfer under a trust that was
irrevocable on September 25, 1985. * * *
Petitioner’s appeal of the Court’s opinion’s acceptance of
respondent’s nonliteral interpretation of TRA 1986 section
1433(b)(2)(A) will most certainly be to the Court of Appeals for
the Sixth Circuit. That court has advised lower courts that
“Where the statute is clear, the agency has nothing to interpret
and the court has no agency interpretation to which it may be
required to defer.” Dixie Fuel Co. v. Commr. of Soc. Sec.,
171 F.3d 1052, 1064 (6th Cir. 1999), abrogated on other grounds
by Barnhart v. Peabody Coal Co., 537 U.S. 149 (2003); accord
Bradley v. Austin, 841 F.2d 1288, 1293 (6th Cir. 1988) (“In
determining the meaning of legislation, we must first look to the
plain language of the statute itself. * * * If we find that the
statutory language is unambiguous, then that language is regarded
as conclusive unless there is a clearly expressed legislative
intent to the contrary”); Ohio Power Co. v. NLRB, 176 F.2d 385,
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