- 25 - decedent’s domicile at the time of death (the Court of Appeals for the Eighth Circuit). The dissent expresses the belief that the estate’s representative should be considered the petitioner. As a matter of habit and practice, however, this Court most often refers to and treats a decedent’s estate as the petitioner in an estate tax case. See, e.g., Estate of Bond v. Commissioner, 104 T.C. 652 (1995); Estate of Robertson v. Commissioner, 98 T.C. 678, 679 (1992), revd. on another issue 15 F.3d 779 (8th Cir. 1994); Belcher v. Commissioner, 83 T.C. 227, 228 (1984); Estate of McElroy v. Commissioner, 82 T.C. 509, 510 (1984). Consequently, the fiduciary is commonly referred to as the person by or through whom an estate acts. See Rule 24(b). Any claim that may be pursued is not personal to a fiduciary and is intrinsically part of the rights and assets that compose the estate, which exists for the benefit of its beneficiaries and creditors. In addition, by choosing an estate’s representative as the petitioner, the dissent would open the way for a profound and deleterious side effect--forum shopping.3 If the estate is treated as the petitioner, forum shopping is minimized because a decedent’s domicile is fixed at death. It is also significant that the law of the decedent’s domicile governs an estate’s 3 The forum-shopping problem would be further exacerbated where an estate is represented by more than one fiduciary whose residences would offer the possibility of an appeal to different Courts of Appeals.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011