Split Tax Court's 3M Decision Raises Admin. Law Questions

Split Tax Court's 3M Decision Raises Admin. Law Questions

February 22, 2023, Law360

Kevin Otero's commentary appeared in a Law360 article about how a U.S. Tax Court ruling against 3M that narrowly upheld transfer pricing regulations reflects divided views on key administrative law concepts, casting uncertainty over what standards the Internal Revenue Service may ultimately have to meet when defending rules.

According to Kevin, "A circuit court may well be interested in questions about how the rules are interpreted from a substantive and procedural standpoint. There needs to be clarity in terms of what Treasury's responsibility is regarding comments under the APA, and Judge Toro's dissent described 'a much higher bar' for the government than the majority did."

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