More Mayo Please? Temporary Regulations after Mayo Foundation V. United States
Issue Date
2011Author
Lederman, Leandra
Mazza, Stephen W.
Publisher
ABA Section of Taxation
Type
Article
Version
http://ssrn.com/abstract=1969446
Metadata
Show full item recordAbstract
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.
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Citation
Leandra Lederman & Stephen W. Mazza, More Mayo Please? Temporary Regulations after Mayo Foundation v. United States, 31 News Q. 15 (2011).
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