‘Mayo' Raises Bar for Challenges to Tax Regulations, Practitioners Say

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The U.S. Supreme Court's finding in the high-profile Mayo case—that all Internal Revenue Service regulations should be granted a high level of judicial deference—gives the agency more rulemaking power and makes it harder to challenge tax regulations in court, practitioners tell BNA in interviews. The court's view in Mayo Foundation for Medical Education and Research v. United States, 79 U.S.L.W. 4015 (Jan. 11, 2011) that both administrative regulations and those interpreting statutes should be granted the same level of deference is broadly seen as shrinking the grounds for lawsuits and conferring more regulatory authority on IRS, practitioners add, while at the same time saying they do not believe the agency's process of crafting regulations is likely to change.