Loper Bright Supreme Court Decision: Opportunity to Reassess Tax Positions
The Loper Bright case, decided by SCOTUS at the beginning of July, and which overruled its 1984 decision in Chevron v. Natural Resources Defense Council, Inc., represents a generation change in the importance of all Federal regulations from those issued under antitrust legislation to those under the Internal Revenue Code. The decision reclaims for the courts the authority to determine what statutes mean and not what a Federal agency (such as the IRS) claims what they mean, by the issuance of regulations.