Challenging Internal Revenue Service Regulations: The U.S. Supreme court Makes The Path More Difficult

more+
less-

This is a brief review of the Supreme Court's Mayo decision, which is more completely reviewed in the author's article in the Journal of Tax Practice and Procedure. The essential point is that the Supreme Court has eliminated the distinction between legislative and interpretive regulations, requiring that both be given heavy deference by the courts. As a result, taxpayers will bear a heavy burden to show that an IRS regulation should be overturned. The full scope of the decision will not be known for years, since other forms of IRS guidance, e.g., Revenue Rulings and Revenue Procedures do not go through the Administrative Precedures Act's notice and comment period, which is what the Supreme Court focused on in this case.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bruce Givner, Givner & Kaye, A Professional Corporation | Attorney Advertising

Written by:

more+
less-

Givner & Kaye, A Professional Corporation on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×