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This is the second of two reports on the Swallozvs Holding decision. 1 In that case, the Tax Court, over three dissenting opinions, invalidated a timing rule contained in a Treasury regulation under IRC section 882. That timing rule provided that some foreign corporations could not claim otherwise available deductions if their returns for the tax year were filed outside an 18-month grace period. The majority and the dissenters clashed over which line of authority – Chevron 2 or the pre-Chevron tax-specific line of decisions typified by National Muffier3 – provides the governing standard for evaluating the validity of general authority tax regulations, and what result should be reached in the case under the governing standard.
© 2006 Steve R. Johnson
Steve R. Johnson,
Swallows as It Might Have Been: Regulations Revising Case Law, 112
Available at: http://ir.law.fsu.edu/articles/264