Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 50

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               Appeals for the District of Columbia.  For purposes of this            
               paragraph, the legal residence, principal place of business,           
               or principal office or agency referred to herein shall be              
               determined as of the time the petition seeking                         
               redetermination of tax liability was filed with the Tax                
               Court or as of the time the petition seeking a declaratory             
               decision under section 7428 or 7476, or the petition under             
               section 6226 or 6228(a), was filed with the Tax Court.                 
          Section 7482(b)(1)(A) and (B) is the relevant provision for this            
          venue inquiry.                                                              
               In estate tax cases in the Tax Court, sometimes the estate             
          is referred to as the petitioner and sometimes the executor is              
          referred to as the petitioner.4  However, this Court has never              
          squarely addressed whether the estate or the executor is the                
          petitioner or the real party in interest, or, stated another way,           
          whether the residence (or principal place of business) of the               
          executor at the time the petition is filed, or the residence of             
          the decedent at the time of his death, is determinative for                 
          purposes of venue under section 7482(b)(1).  That issue does not            
          turn upon how a case is captioned in this Court.5  Cf. Estate of            

          4  That sec. 7482(b)(1)(A) uses the term "petitioner" rather than           
          "taxpayer" is not particularly relevant to our inquiry.  Various            
          provisions of the Internal Revenue Code refer to "the taxpayer"             
          whether in the context of deficiency cases in the Tax Court (sec.           
          6212--notice of deficiency; sec. 6213--restrictions applicable to           
          deficiencies; petition to Tax Court) or in the context of tax               
          refund cases in the U.S. District Courts (sec. 7422--civil                  
          actions for refund).  However, when it comes to venue provisions,           
          sec. 7482(b)(1)(A) uses the term "petitioner" for the party                 
          filing a deficiency case in the Tax Court, and 28 U.S.C. sec.               
          1402(a)(1) (1994) uses the term "plaintiff" for the party filing            
          a tax refund suit.                                                          
          5  Rule 23(a)(1) provides that "The name of an estate or trust or           
          other person for whom a fiduciary acts shall precede the                    
          fiduciary's name and title, as for example 'Estate of Mary Doe,             
                                                             (continued...)           



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