Supreme Court Overrules Chevron, Opening Door for New Tax Reg Challenges

On June 28, 2024, the Supreme Court of the United States reshaped the federal tax landscape when it overturned the long-standing Chevron doctrine in Loper Bright Enterprises v. Raimondo, No. 22-451. The Chevron doctrine, a pillar of US administrative law for four decades, required courts to defer to an agency’s reasonable interpretation of an ambiguous statute even where the court concluded that a different interpretation was better supported.

By ending the Chevron doctrine, Loper Bright has created new opportunities for taxpayers to challenge federal tax regulations. While taxpayers have long challenged federal tax regulations, Chevron’s deferential regime hampered many challenges to tax regulations because where there was statutory ambiguity or silence, courts generally deferred to agency interpretations. Loper Bright has evened the playing field between taxpayers and agencies because now both must convince courts that their interpretation of the statute is the best interpretation.

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Timothy S. Shuman
Timothy (Tim) S. Shuman focuses his practice on corporate and international tax matters for US and non-US multinationals, with particular emphasis on domestic and cross-border acquisitions, dispositions, restructurings and liquidations. He has extensive experience in structuring spin-offs and tax-free reorganizations involving publicly traded and privately held companies, and regularly represents clients in obtaining private letter rulings and other guidance from the Internal Revenue Service (IRS). He also works on tax issues involving regulated investment companies. Read Tim Shuman's full bio.

Susan E. Ryba
Susan E. Ryba focuses her practice on federal tax controversy matters and tax litigation, particularly advising clients in the technology, healthcare and pharmaceutical sectors, as well as high-net-worth individuals. Read Susan Ryba's full bio.

Parisa M. Griess
Parisa M. Griess focuses her practice on representing taxpayers in complex tax disputes against US and foreign tax authorities. Her diverse experience includes audit defense, administrative appeals, tax litigation, competent authority matters, and criminal tax investigations primarily for technology, media, and manufacturing companies, as well as high-net-worth individuals. She also frequently advises clients on audit risk and audit readiness. Parisa’s technical expertise includes transfer pricing, Subpart F, section 956, permanent establishments and other treaty matters, business deductions, executive compensation and employee benefits, withholding taxes, information reporting, summons enforcement, and penalties. Read Parisa Griess's full bio.

Samuel J. Preston
Samuel J. Preston focuses his practice on US and international tax matters. Read Samuel Preston's full bio.




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