- 19 - SWIFT, J., concurring: I do not disagree with the decision of the majority to accede to the rulings of the three Courts of Appeals that have considered this issue. In light, however, of respondent’s self-serving, interpretative, prospective-only regulation on this issue at section 20.2056(b)-7(d)(3), Estate Tax Regs. (promulgated in the midst of the rejection of respondent’s position by the Courts of Appeals for the Fifth, Sixth, and Eighth Circuits1), and in light of the many refund courts that are not bound by our ruling herein, nor by the rulings of the above three Courts of Appeals, further litigation of this issue would appear inevitable. As an alternative, therefore, to acceding to the extant rulings of the Courts of Appeals, I would go further, and I would reconsider our interpretation of the relevant QTIP provisions of section 2056(b)(7)(B), as follows. Having the benefit of the analyses set forth in the above three Courts of Appeals rulings and the benefit of further reflection that continuing litigation provides, I believe that we erred in our prior opinions in Estate of Clayton v. Commissioner, 97 T.C. 327 (1991), revd. 976 F.2d 1486 (5th Cir. 1992); Estate of Robertson v. Commissioner, 98 T.C. 678 (1992), revd. 15 F.3d 779 (8th Cir. 1994); and Estate of Spencer v. Commissioner, T.C. 1 See T.D. 8522, 1994-1 C.B. 236, 238, promulgated on Feb. 28, 1994, effective with respect to estates of decedents dying after Mar. 1, 1994.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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