The Supreme Court's New Standard For Challenging Tax Regulations

More details: See here

Note the common ground between Chief Justice Roberts and Justice Kagan. They agree that courts interpret the law and are the arbiters of whether a statute is ambiguous. They further agree that the agencies offer invaluable guidance based on their experience and expertise. Where they part ways is whether the authority to resolve statutory ambiguities ultimately rests with agencies or courts. Loper Bright puts an end to the discretion afforded agencies to apply reasonable interpretations of statutes and mandates that courts apply the best interpretations.

There is no question that challenges to Treasury Regulations in general stand a better chance under Loper Bright and that such challenges will increase. But how much of a difference Loper Bright will make is an open question, and there are reasons to think that the impact won't be earth-shattering.

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