Law360 covered remarks made by partner Jennifer Breen on a panel at the New York University School of Professional Studies’ recent tax controversy forum regarding the US Supreme Court’s decision to strike down Chevron deference and its impact on the US Tax Court.
The Supreme Court’s decision came down moments before Jennifer’s panel, which included Tax Court Judge Elizabeth Ann Copeland and IRS Chief Counsel Margie Rollinson, was set to begin. The panelists expressed that the Tax Court will likely continue to rely on IRS and Treasury expertise in the tax code, noting the opinion’s reference to the so-called Skidmore principle.
“We might be going back to [] where we’re looking at how the agency thought through and documented that contemplation in the process of issuing or promulgating the regulations,” Jennifer said.