In the Headlines
July 9, 2024

Supreme Court Continues to Limit Gov't Agencies

Accounting Today
Tax attorney Joshua Odintz was quoted in an Accounting Today article about the U.S. Supreme Court's recent decisions in Loper Bright and Corner Post, which have significant implications for curbing federal agencies' power. The Loper Bright ruling overturned the Chevron doctrine, emphasizing that courts, not agencies, are responsible for interpreting statutory provisions. In Corner Post, the court ruled that the six-year limit to sue under the Administrative Procedure Act starts when someone is harmed by the regulation, not when the regulation is issued. Mr. Odintz cautioned that these decisions could lead to uncertainty for taxpayers and a substantial increase in the Internal Revenue Service's (IRS) workload, despite the agency's efforts to hire additional staff.

"Taxpayers need certainty. This creates chaos. It also creates additional work for the IRS. They're hiring additional staff, but the potential for additional work as a result of this decision is great," he said.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.

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