- 24 - GERBER, J., concurring: I agree with the majority’s holding. I am compelled, however, to write separately to address Judge Parker’s dissenting view that appellate venue depends on the estate’s representative’s residence, rather than the domicile of the decedent. The identity of the petitioner1 in a case involving an estate is a question of some moment and one that this Court has not yet addressed with any particularity. The dissenting opinion contains the view that an appeal in this case lies in the estate’s representative’s appellate venue (the Court of Appeals for the Seventh Circuit), and, therefore, we are not bound to follow the holding of the estate’s appellate venue (the Court of Appeals for the Eighth Circuit). Were it necessary to reach this question of first impression,2 I believe the better view is that the estate is the petitioner, and, hence, under section 7482(b)(1)(A) venue for an appeal in this case would be in the place of the estate’s probate and/or the 1 Sec. 7482(b) prescribes that appellate venue will be in the Court of Appeals for the circuit in which the legal residence of the petitioner is located. 2 The dissent’s disagreement with the majority’s rationale could have been expressed without discussing or relying on the effect of venue on any possible appeal. Due to the majority’s decision to no longer follow our prior position regarding the QTIP issue, this Court would be in agreement with all Courts of Appeals that have addressed this issue, and it would be unnecessary for us to consider whether it would be appropriate to follow the rule of a particular circuit. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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