- 57 - The cases of Simpson v. United States, supra, and Bachler v. United States, supra, also are factually distinguishable from the case of Peterson Marital Trust v. Commissioner, supra. The cases of Simpson and Bachler, like the present case, involved the exercise of a power of appointment and the question of whether the exercise was a transfer under a trust; the case of Peterson Marital Trust involved the lapse of a power of appointment and the question of whether the lapse added corpus to the trust. As the Courts of Appeals noted in Simpson v. United States, supra at 815-816, and Bachler v. United States, supra at 1080, this critical point sufficiently distinguished those two cases from Peterson Marital Trust and the holding thereof. See also Simpson v. United States, supra at 815 (“The distinction between Peterson and the present case is obvious.”). The courts also noted that the lapse in Peterson Marital Trust was governed by a temporary regulation that stated what constituted “corpus added to the trust” and that the exercise of the power of appointment was outside of that regulation in that the exercise depleted, rather than added, to the trust’s corpus. See Bachler v. United States, supra at 1080; Simpson v. United States, supra at 815-816. In closing, I believe that the Court in this case should apply the plain and unambiguous reading of the general rule, consistent with the reading of the Courts of Appeals for thePage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011