Mayo Foundation v. U.S.: Supreme Court Applies Chevron Analysis to Tax Cases
Understanding the Implications of Giving Deference to IRS Regulations
Jan. 11 landmark decision represents victory for IRS
Recording of a 90-minute CLE/CPE webinar with Q&A
This teleconference will provide tax counsel with a review of the Supreme Court’s recent Mayo Foundation ruling and its implications for taxpayers. The panel will explore how counsel can prepare for the battle of challenging the validity of a tax regulation amid the uncertainty created by this decision.
Outline
- Mayo Foundation
- Prior Circuit Split
- Supreme Court’s Ruling
- Impact of Mayo Foundation decision
- Chevron/ National Muffler/ Skidmore/ Administrative Procedures Act
- Will Chevron be applied to nonregulatory guidance?
- Strategies for Taxpayers
Benefits
The panel will review these and other key questions:
- How can a taxpayer prevail in challenging the validity of an IRS regulation post-Mayo Foundation?
- What level of deference will be given to IRS pronouncements, including revenue rulings and revenue procedures?
- What test will a court use to analyze an IRS regulation created under a grant of general authority if the regulation is promulgated without notice and comment?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Edward L. Froelich
Of Counsel
Morrison & Foerster
He has represented corporations, partnerships, and individuals in the administrative and litigation stages of a federal... | Read More
He has represented corporations, partnerships, and individuals in the administrative and litigation stages of a federal tax controversy. He devotes substantial time to following developments in privilege and work product issues as they affect tax controversies, and is a frequent speaker on topics such as privilege, work product, FIN 48, and low-income taxpayer litigation issues.
CloseJonathan M. Prokup
Shareholder
Chamberlain Hrdlicka
His practice encompasses a broad array of tax matters, from structuring complex financial transactions to representing... | Read More
His practice encompasses a broad array of tax matters, from structuring complex financial transactions to representing clients in tax controversies. He has particular expertise with transfer pricing and the tax consequences of cross-border financial transactions, including structuring and defense of sale-leaseback transactions, synthetic leases, repurchase agreements, and illiquid swap contracts.
CloseKristin Hickman
Associate Professor of Law
University of Minnesota Law School
She teaches and writes primarily in the areas of tax law, administrative law and statutory interpretation. Her current... | Read More
She teaches and writes primarily in the areas of tax law, administrative law and statutory interpretation. Her current research involves issues of judicial deference and statutory interpretation in the federal income tax context.
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