- 35 - than the Court of Appeals for the Fifth Circuit's opinion in Clayton might lead one to believe.4 4The Courts of Appeals--for the Fifth Circuit in Estate of Clayton, supra (before the release of the final regulation) and the Eighth Circuit in Estate of Robertson, 15 F.3d 779 (8th Cir. 1994), revg. 98 T.C. 678 (1992) (after its release)--found the Commissioner's position to be in violation of the plain language of the statute. Acceptance of this view would derail the inquiry in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), from getting to the second step that requires deference to the Commissioner's view. It's at this point that I part company from the position stated so categorically by the Court of Appeals for the Fifth Circuit. The contrariety of judicial views on this subject shows that reasonable people can disagree over what the appropriate result should be and whether it turns on the interpretation to be given to one or the other prong of sec. 2056(b)(7)(i) and (ii) or on the policy argument.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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