Legal Opinion

Estate of Gerson v. Comm'r

United States Tax Court

Decided October 24, 2006No. 13534-04Published

G created the Benjamin Gerson Trust which became irrevocable when G died in 1973. The trust provided for the creation of a marital trust (the trust) for the benefit of G's wife, D. The trust conferred upon D a general power of appointment over the trust property. D died in October 2000 and left a will under which she exercised the power of appointment in favor of her grandchildren.

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G created the Benjamin Gerson Trust which became irrevocable when G died in 1973. The trust provided for the creation of a marital trust (the trust) for the benefit of G's wife, D. The trust conferred upon D a general power of appointment over the trust property. D died in October 2000 and left a will under which she exercised the power of appointment in favor of her grandchildren. R determined that the transfer to D's grandchildren was subject to generation-skipping transfer (GST) tax. P contends (1) sec. 26.2601-1(b)(1)(i), GST Tax Regs., is invalid, and (2) the transfer is excepted from…

1Opinion of the Court

ESTATE OF ELEANOR R. GERSON, DECEASED, ALLAN D. KLEINMAN, EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Gerson v. Comm'r

No. 13534-04

United States Tax Court

127 T.C. 139; 2006 U.S. Tax Ct. LEXIS 31; 127 T.C. No. 11;

October 24, 2006, Filed

G created the Benjamin Gerson Trust which became irrevocable

when G died in 1973. The trust provided for the creation of a

marital trust (the trust) for the benefit of G's wife, D. The

trust conferred upon D a general power of appointment over the

trust property. D died in October 2000 and left a will under

which she exercised the…

Also in this document: Concurrence · Chiechi; Concurrence · Swift; Concurrence · Thornton; Concurrence · Holmes; Dissent · Laro; Dissent · Vasquez.

2Cases cited68 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  5. Barnhart v. ThomasSupreme Court of the United States · 2003

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