Ruling in 'Home Concrete' Expected to Provide Deference Guidance

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When the U.S. Supreme Court hears oral argument on United States v. Home Concrete Supply LLC in January, practitioners expect the justices will be looking to provide additional guidance on the judicial deference to be given Treasury Department regulations following this year's landmark ruling on Mayo Foundation for Medical Education and Research v. United States. In Mayo, the high court held that the regulations address an area to which Congress has not directly spoken and, because the regulations were a reasonable construction of what Congress has said, they had to be upheld.