Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 62

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          Association v. Commissioner, 104 T.C. 384, 406 (1995) (Halpern,             
          J., dissenting), I described how we have resolved those problems:           


                    We are a Court of national jurisdiction with                      
               expertise in the area of Federal taxes.  Since appeals                 
               from this Court lie to each of the 12 Courts of                        
               Appeals, we face unique problems in dealing with the                   
               opinions of Circuit Courts.  See, e.g., Lawrence v.                    
               Commissioner, 27 T.C. 713 (1957), revd. 258 F.2d 562                   
               (9th Cir. 1958); Golsen v. Commissioner, 54 T.C. 742                   
               (1970), affd. 445 F.2d 985 (10th Cir. 1971); Lardas v.                 
               Commissioner, 99 T.C. 490 (1992).  We have, since                      
               Lawrence, backed off from the position taken therein,                  
               that, while certainly we should seriously consider the                 
               reasoning of a Court of Appeals that had reversed one                  
               of our decisions, we ought not to follow the Court of                  
               Appeals’ decision if we believe it to be incorrect:                    
                    if still of the opinion that its original                         
                    result was right, a court of national                             
                    jurisdiction to avoid confusion should follow                     
                    its own honest beliefs until the Supreme                          
                    Court decides the point.  The Tax Court early                     
                    concluded that it should decide all cases as                      
                    it thought right.  [Lawrence v. Commissioner,                     
                    supra at 716-717; fn. refs. omitted.]                             
               We have backed off to the extent that, in Golsen v.                    
               Commissioner, supra, we created a narrow exception to                  
               the Lawrence doctrine.  Where a reversal would appear                  
               inevitable, due to the clearly established position of                 
               the Court of Appeals to which an appeal would lie, our                 
               obligation as a national Court does not require a                      
               futile and wasteful insistence on our view.  Golsen v.                 
               Commissioner, 54 T.C. 742, 757.  Accordingly, in that                  
               narrow circumstance, although we still think the result                
               wrong, we will follow that Court of Appeals.  Compare                  
               Golsen v. Commissioner, supra (Golsen doctrine                         
               established), with Lardas v. Commissioner, supra                       
               (Golsen doctrine inapplicable).  * * *                                 
               The majority finds the Golsen doctrine inapplicable.                   
          Majority op. p. 16.  Nevertheless, today we overrule three of our           
          prior decisions with the only apparent justification being that             





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