Tax Blog

As Tax Blawg readers know, after the Supreme Court’s Mayo decision adopted the deferential Chevron standard for determining the validity of Treasury regulations (instead of the less deferential National Muffler standard that taxpayers preferred), taxpayers and practitioners have speculated that seeking to invalidate a regulation may be a fool’s errand.   Since Mayo, many of the U.S. Circuit Court of Appeals (but not all) have shown a proclivity towards deference.  Extrapolating from these precedents, on the heels of the Mayo decision, it appears that the pendulum has swung ...