U.S. Tax Law After Loper Bright and Corner Post: Key Issues and Ramifications for IRS, Treasury, and Taxpayers
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Tax Law
- event Date
Wednesday, October 2, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
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BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
This CLE/CPE webinar will provide guidance to tax counsel and advisers on notable U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo and Corner Post Inc. v. Board of Governors of the Federal Reserve System. The panel will discuss the significant impact these decisions will have on IRS, Treasury, and other agency policies and the effect the Court's decisions will have on rulemaking, adjudication, and litigation in the tax law context.
Mr. Vanderhoef is a tax attorney based in Holland & Knight's Tampa office, where he focuses his practice on tax controversy and litigation, offshore tax and reporting compliance (e.g., Report of Foreign Bank and Financial Accounts / FBARs, international information returns), cross-border tax planning, and foreign investment in U.S. real estate. His practice includes representing clients in tax controversy matters, including U.S. Tax Court and federal district and appellate court litigation, as well as Internal Revenue Service (IRS) examination and appeals. In addition, Mr. Vanderhoef advises clients in connection with IRS tax and reporting remediation options. He also advises clients in connection with cross-border restructuring matters, including foreign investment in U.S. real estate.
Mr. Dawson is a highly experienced tax litigator and business advisor with extensive knowledge resolving Internal Revenue Service (IRS) controversies in audit, appeals and litigation. His practice focuses on representing corporations and individual taxpayers in tax controversy and tax litigation matters.
Mr. Rizek is a tax attorney in Holland & Knight's Washington, D.C., office. He represents taxpayers in all types of federal civil and criminal tax controversy matters. Mr. Rizek guides clients through IRS audits, prepares administrative claims and protests of IRS actions, and litigates tax and tax-related cases in U.S. district and appellate courts, the U.S. Court of Federal Claims and U.S. Tax Court. In recent years, he has represented numerous taxpayers, financial entities and professional firms in connection with IRS examinations of tax shelters and related compliance and professional ethics issues. Prior to joining Holland & Knight, Mr. Rizek was a tax attorney for a national law firm in its Washington, D.C., office.
The U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System will have a significant impact on IRS and Treasury rulemaking, rule implementation, and legal challenges to federal tax rules. Attorneys assisting clients with tax law matters must understand the implications of these rulings and how their clients may be affected.
Loper Bright overruled the Chevron doctrine which has served as the two-step framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations for decades. Under Chevron, courts would first ask whether Congress had "directly spoken to the precise question at issue" in the statute. If not, the courts were required to defer to the agency's interpretation as long as it was reasonable. Loper Bright has now put the task of interpreting statutory provisions back into the hands of federal courts.
Corner Post has increased agency exposure to suits by clarifying when the statute of limitations period begins during which rules may be challenged. The Court held that the six-year statute of limitations for suits against the federal government begins to run only once the plaintiff has been injured, a significant change from the prior stance that the six-year period began once the rule was published. Therefore, entities formed within the last six years may challenge regulations that have stood for decades.
Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on tax regulations and litigation as well as potential new challenges to longstanding tax regulations.
- Introduction: a brief history of the Chevron deference doctrine
- Loper Bright v. Raimondo
- Corner Post v. Board of Governors of the Federal Reserve System
- Legislative and regulatory effect
- Regulatory challenges and litigation
- Practitioner takeaways
The panel will review these and other important issues:
- How will Loper Bright impact tax regulations and litigation?
- What effect will Corner Post have on litigation challenging agency rules?
- How may the decisions affect regulatory rulemaking?
- What is the potential impact of the decisions on taxpayers?
Learning Objectives
After completing this course, you will be able to:
- Understand how Loper Bright will impact tax regulations and litigation
- Recognize the effect Corner Post will have on litigation challenging tax rules
- Ascertain how the U.S. Supreme Court decisions may affect tax regulatory rulemaking
- Understand the potential impact of the U.S. Supreme Court decisions on taxpayers
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite: Three years+ business or public firm experience at mid-level within the organization, preparing complex tax forms and schedules for domestic and multinational businesses; supervisory authority over other preparers/accountants. Knowledge and understanding of information filing requirements and penalties for non-compliance; familiarity with IRS processes for penalty abatement requests and civil fraud cases.
Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.
Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
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