Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 32

                                       - 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

Last modified: May 25, 2011