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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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