The Wall Street Journal quoted partner Jennifer Breen in an article about how the US Supreme Court’s decision to overturn the Chevron doctrine will impact the Treasury Department’s process for promulgating rules based on the tax code.
Jennifer explained that the Treasury will need to be even more explicit in explaining how rules flow from the tax code, noting “[t]here is no more ‘because I said so.’”
She also noted that some older rules could still be vulnerable as a result of the Supreme Court’s Corner Post decision, which widened the statute of limitations for some regulatory challenges.
“Folks are looking at the cases that are either currently in the audit or appeals or litigation pipeline and asking themselves: Is this something I should raise, a challenge I could raise?” Jennifer said.
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