Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 25

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          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.                                                          




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