Tax Professional usually responds in minutes

Our tax advisers are all verified

Unlimited follow-up questions

  • Sign in
  • ARTICLE - US

    Loper Bright v Raimondo – IRS has its wings clipped

    04 Jul

    Loper Bright v Raimondo – Introduction

    A landmark ruling by the US Supreme Court has significantly curtailed the authority of federal agencies, including the Internal Revenue Service (IRS), to interpret the laws they enforce.

    Why landmark?

    The decision in the case of Loper Bright v Raimondo overturns the Chevron doctrine, a 40-year-old principle that required courts to defer to federal agencies on the interpretation of ambiguous laws passed by Congress.

    What are you going Chevron about?

    For decades, the IRS relied on the Chevron doctrine to defend its tax regulations in litigation.

    This doctrine compelled federal courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute.

    This effectively limited the opportunities for taxpayers and tax practitioners to contest some of the muddier aspects of Internal Revenue Code.

    Doctrine dumped?

    The Supreme Court declared that Chevron is incompatible with the Administrative Procedure Act’s mandate for courts to resolve legal questions using their judgment.

    Going forward, the Courts will rely on their discretion in cases involving ambiguous statutes rather than deferring to agency interpretations. That said, they may still consider an agency’s interpretation if it is long-standing or well-reasoned.

    Implications

    The implications of the Loper ruling are still unfolding, but experts anticipate an increase in litigation.

    Additionally, the IRS will likely face constraints in issuing tax guidance and rules, as the process to establish these as settled law becomes more protracted.

    The ruling may also invigorate pending legal challenges to potentially overreaching federal agency actions.

    However, the Supreme Court’s decision in Loper does not retroactively invalidate cases decided under the Chevron deference doctrine over the past 40 years. Statutory precedent will still apply to those cases. “We do not call into question prior cases that relied on the Chevron framework,” the Court stated. “The holdings of those cases that specific agency actions are lawful remain subject to statutory stare decisis despite our change in interpretive methodology.”

    Loper Bright v Raimondo – Conclusion

    This ruling marks a significant shift in the balance of power between federal agencies and the courts, with potentially far-reaching consequences for regulatory practices and the enforcement of federal laws.

    Final thoughts

    If you have any queries about this article on Loper Bright v Raimondo, or any other US tax matters, then please get in touch.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus ut semper risus. Fusce ac pharetra sem. Praesent vitae eros a quam fermentum dignissim.

    MR BLAKEFIELD. REGAL CAPITAL. FLORIDA.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus ut semper risus. Fusce ac pharetra sem. Praesent vitae eros a quam fermentum dignissim.

    MR BLAKEFIELD. REGAL CAPITAL. FLORIDA.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus ut semper risus. Fusce ac pharetra sem. Praesent vitae eros a quam fermentum dignissim.

    MR BLAKEFIELD. REGAL CAPITAL. FLORIDA.

    1/3

    Contact us

    If you’re having any problems with your membership, account, or just generally loving Tax Natives. Drop us a line here and we’ll get back to you.

    Contact

    We collect personal information when you enquire about our services. We will use this information to provide the services requested, maintain records and, if you agree below, to send you marketing information. We will not share your infromation for marketing purposes with any other companies. For more information explaining how we use your information please see our Privacy Policy(Required)
    This field is for validation purposes and should be left unchanged.