Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 48

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          Court should not so accede, particularly without any analysis of            
          those circuit decisions and without some explanation as to why we           
          are departing from our prior decisions.  Although this Court is             
          only a trial court, it is a trial court with national                       
          jurisdiction.  The tax bar, the Internal Revenue Service, and the           
          taxpayers, particularly those residing in the other nine circuits           
          to which Tax Court decisions can be appealed, are entitled to a             
          reasoned, principled explanation of our change of position.  The            
          majority not only declines to address the differences in our                
          analyses in our prior cases and those of the Courts of Appeals              
          that have reversed us, but throws out a hint that the result                
          might be different under the recently published regulations,                
          which are effective for the estates of decedents dying after                
          March 1, 1994.  Sec. 20.2056(b)-7(d)(3), Estate Tax Regs.  This             
          Court's prior decisions are consistent with and support the                 
          validity of those regulations.                                              
                                         II                                           
                                     Venue Issue                                      
               This is an appropriate case in which to continue to follow             
          our prior opinions since, under the Tax Court's special venue               
          statute, any appeal would lie to the U.S. Court of Appeals for              
          the Seventh Circuit, which has not yet addressed this particular            
          QTIP issue.                                                                 
               Although the reviewing court will undoubtedly make its own             
          determination, I think it is appropriate for this Court to                  
          address the issue of venue.  Brewin v. Commissioner, 72 T.C.                




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