Supreme Court Rules Tax Penalty Does Not Bar Pre-Enforcement Regulatory Challenge
By EsqSocial Corporation 20/05/21
The Supreme Court held that a company may bring a pre-enforcement challenge under the Administrative Procedure Act ("APA") to an IRS reporting requirement backed by a tax penalty. On May 17, 2021, the U.S. Supreme Court unanimously reversed the Sixth Circuit and permitted a company's challenge to an IRS reporting requirement to proceed, notwithstanding the Anti-Injunction Act ("AIA")....
By: Jones Day