[tired&retired]

Another recent Supreme Court decision, Corner Post Inc. v. Bd. of Governors of Fed. Rsrv. Sys., is also likely to facilitate challenges to tax guidance. Although a discussion of Corner Post is beyond the scope of this blog, that decision holds that the six-year statutory limitations period for certain actions to invalidate governmental guidance under the Administrative Procedure Act13 commences when a particular claimant first suffers injury rather than when the governmental action that led to such injury (e.g., finalization of regulations) occurred. Because of that decision, taxpayers and their advisers should reconsider tax return reporting positions taken for open taxable years, keeping in mind potential opportunities to challenge guidance under Loper Bright.

[tired&retired]

I have won cases in the past by using the congressional committee reports on discussions of intent when a law was passed if the Treasury chose to interpret the law in a different way.

[WildHighlander57]

Hopefully those two decisions (loper and Chevron) can take a sledgehammer to the IRS (and other agencies);

for example the IRS waffling and notification at years end on online sales limit ($20,000, then $600, then no $600, then no $600 again, then $5000, etc) was and is nerve-wracking.

There’s other examples, but that one comes to mind.