GSTT & QTIP Articles

Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted two tax articles on SSRN, one hot off the press and one historical.

• Gerson: Plain Meaning and the GSTT, 114 Tax Notes 701 (Feb. 12, 2007). 
  “In Gerson, the Tax Court upheld the government’s regulation regarding the grandfather exception to the generation-skipping transfer tax and held that the decedent’s exercise of a general testamentary power of appointment in 2000, granted under a trust created by her husband at his death in 1973, was subject to the GSTT. The article reviews the decision and the plain meaning of the grandfather exception to the GSTT.”
     
• Davis and Whiting: QTIP Income Interests and Intent, 106 Tax Notes 1597 (Mar. 28, 2005).
  “It is somewhat difficult to anticipate when a court will reform a trust to conform to a testator’s intent to qualify for the marital deduction. With this in mind, the author compares the recent Ninth Circuit case Davis to the recent Tax court opinion in Whiting.”