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A look at taxes without the Chevron doctrine

July 13, 2024

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The tax community’s focus this year initially was on what the U.S. Supreme Court would decide in Moore v. United States. That case dealt with the Tax Cuts and Jobs Act’s Mandatory Repatriation Tax on corporations’ foreign earnings.

There was concern that if the justices invalidated the tax, which attributes the realized and undistributed income of an American-controlled foreign corporation to the entity’s American shareholders, the entire U.S. tax code could unravel.

Those fears were alleviated on June 20 when the Supreme Court of the United States (SCOTUS) upheld the repatriation tax.

But a new tax worry popped up in the final days of the 2023-24 SCOTUS term.

Chevron is out: On June 28, the nation’s highest court overturned the Chevron doctrine. This prior Supreme Court decision had, for almost 40 years, dictated how federal agencies created regulations and implemented laws.

Now, with Loper Bright Enterprises v. Raimondo erasing Chevron, the implications could be far-reaching for federal agencies, including the Internal Revenue Service.

In the short term, we’re likely to see challenges to dozens of tax regulations. Over the longer term, tax laws will face more scrutiny, meaning Congress will have to be more precise in its creation of the laws. That will slow that process down considerably.

So, this weekend’s Saturday Shout Outs go to members of the tax world and their takes on this landmark SCOTUS ruling.

“Future of IRS Authority in Question After Supreme Court Overturns Chevron Doctrine,” writes attorney Joseph K. Fabbi, who is in Dinsmore’s Orlando, Florida, office.

“Clear as Mud – Chevron Irreverence and Tax Law,” write Devon Bodoh, Joseph Pari, Alex Dobyan, and Grant Solomon on Weil Tax Blog. All are attorneys in the Washington, D.C., office of Weil, Gotshal & Manges.

"Supreme Court Overrules Chevron, Opening Door for New Tax Reg Challenges," write McDermott Will & Emery attorneys Timothy S. Shuman, Susan E. Ryba, Parisa M. Griess, and Samuel J. Preston. Shuman and Preston are in the firm’s Washington, D.C. office. Ryba is in Chicago. Griess is in San Francisco.

“United States: Supreme Court opens door to challenges of old agency guidance,” write Baker McKenzie attorneys Vivek Patel and Joseph Judkins, who are in the firm's Washington, D.C. office, and Yuyao Leng, in its New York City office.

“Supreme Court decision on Chevron doctrine will affect tax pros,” writes Martha Waggoner, senior writer for the Journal of Accountancy.

“What The Supreme Court’s New Curbs On Regulatory Power Could Mean For Tax Law,” writes Howard Gleckman, Senior Fellow at the Urban Institute, for the Tax Policy Center’s TaxVox blog.

More tax uncertainty: My take is that this SCOTUS decision basically undermines something that all taxpayers seek, certainty. Without it, effective tax planning and tax moves essentially are impossible.

It also likely will mean more lawsuits regarding tax laws and IRS guidance and regulations, which will leave us dealing with more tax ambiguities.

There’s an old joke on Capitol Hill that every new tax law should be subtitled the Tax Professionals Perpetual Employment Act. The Supreme Court’s striking of Chevron can be viewed as the lawyers’ version of that not-so-funny saying.

You also might find these items of interest:

 

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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