More Mayo Please? Temporary Regulations after Mayo Foundation V. United States
Lederman, Leandra Mazza, Stephen W.
Lederman, Leandra
Mazza, Stephen W.
Citations
Altmetric:
Abstract
The U.S. Supreme Court’s recent decision in Mayo Found. for Med. Educ. & Research v. United States, 131 S. Ct. 704 (2011), helped clarify the degree of deference courts should afford Treasury regulations. However, Mayo did not involve or address temporary regulations. This “Point to Remember” essay examines the effect Mayo may have on the Treasury Department’s reliance on temporary regulations. It discusses, among other authorities, recent Court of Appeals cases, such as Home Concrete & Supply, LLC v. United States, 634 F.3d 249 (4th Cir.), cert. granted, 180 L. Ed. 2d 940 (2011), and Intermountain Ins. Serv. of Vail, LLC v. Commissioner, 650 F.3d 691 (D.C. Cir. 2011), which arose in the context of whether a 6-year statute of limitations applies to overstatements of basis outside of the trade or business context.
Description
Full-text available at SSRN. See link in this record.
Date
2011
Journal Title
Journal ISSN
Volume Title
Publisher
ABA Section of Taxation
Collections
Research Projects
Organizational Units
Journal Issue
Keywords
Citation
Leandra Lederman & Stephen W. Mazza, More Mayo Please? Temporary Regulations after Mayo Foundation v. United States, 31 News Q. 15 (2011).