- 32 - BEGHE, J., concurring: My first reaction to the case at hand was that this Court's prior views, as expressed in our opinions in Estate of Robertson v. Commissioner, 98 T.C. 678 (1992), revd. 15 F.3d 779 (8th Cir. 1994), Estate of Clayton v. Commissioner, 97 T.C. 327 (1991), revd. 976 F.2d 1486 (5th Cir. 1992), and Estate of Spencer v. Commissioner, T.C. Memo. 1992- 579, revd. 43 F.3d 226 (6th Cir. 1995), have the better of the arguments on the literal interpretation of the statutory language. I also had (and continue to have) reservations about the views, expressed by three Courts of Appeals, whose adoption would require us to invalidate section 20.2056(b)-7(d)(3), Estate Tax Regs., effective for estates of decedents dying after March 1, 1994. Cf. Estate of Shelfer v. Commissioner, 103 T.C. 10, 28 n.6 (1994) (Beghe, J., dissenting). On reflection, I think I see a principled justification for changing my position on the merits. As explained in my dissent in Estate of Shelfer, QTIP is an exception to an exception that deserves a liberal construction. 103 T.C. at 26. This is particularly so in the Clayton, Robertson, and Spencer situation, as in the case at hand, because there is no loophole. Although I agree with Judge Parker that executors don't need the post mortem planning flexibility to choose who actually gets the property, dissenting op. p. 45, I don't think that should be our concern;Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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