Legal Opinion

Estate of Gerson v. Comm'r

United States Tax Court

Decided October 24, 2006No. 13534-04PublishedCited by 7 opinions

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

OPINION

Haines, Judge:

Respondent issued a notice of deficiency to the Estate of Eleanor R. Gerson (the estate) determining a deficiency of $1,144,465 in Federal generation-skipping transfer (GST) tax. The sole issue before the Court concerns the validity of section 26.2601-l(b)(l)(i), GST Tax Regs., which provides that the “grandfather” exception to the GST tax set forth in section 1433(b)(2)(A) of the Tax Reform Act of 1986 (TRA 1986), Pub. L. 99-514, 100 Stat. 2085, 2731 (hereinafter TRA 1986 section 1433(b)(2)(A)), does not except from GST tax a transfer of property pursuant to the…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  3. United States v. CorrellSupreme Court of the United States · 1967
  4. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979
  5. United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982

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3Cited by7 opinions

  1. Feller v. CommissionerUnited States Tax Court · 2010
  2. Estate of Gerson v. CommissionerCourt of Appeals for the Sixth Circuit · 2007
  3. Estate of Timken v. United StatesDistrict Court, N.D. Ohio · 2009
  4. Estate of Eleanor R. Gerson, Allan D. Kleinman v. CommissionerUnited States Tax Court · 2006
  5. Estate of Gerson v. Comm'rUnited States Tax Court · 2006

2 more not listed; retrieve them via the Exa API.

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