Are IRS Defenses Crumbling?

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The continuous stream of regulations and other guidance the Internal Revenue Service (IRS) must publish to inform the public how it is going to implement, administer, and enforce the frequent, numerous, and complicated changes to the tax laws, along with the high dollar stakes involved, create constant opportunities and incentives to challenge the IRS. 

Some contend that the IRS’s ability to defend itself against these challenges seems to be vanishing as one after another the IRS has lost a string of recent challenges to its guidance.  A recent blog post summarizes some of these defeats. 

 Our speakers will discuss them in more detail, along with what they might portend for how the Internal Revenue Service and the Treasury Department  issue future guidance.  Another direction to watch is at the other end of Pennsylvania Avenue: will Congress begin to do a better job drafting laws and providing instructions and guidance about how they are to be implemented, administered, and enforced? 


Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School

Gilbert Rothenberg, Adjunct Professor of Law, American University's Washington College of Law and the University of Pennsylvania's Carey Law School

Interlocutor: Robert Carney, Senior Counsel, Caplin & Drysdale; Adjunct Professor of Law, Georgetown Law

Moderator: Eileen O'Connor, Founder, Law Office of Eileen J. O'Connor PLLC


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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.