TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

A Member of the Law Professor Blogs Network

Saturday, June 17, 2006

Grewal on Phantom Regulations and the Internal Revenue Code

Ssrn_85 Amandeep Grewal (Mayer, Brown, Rowe & Maw, Washington, D.C.) has posted Substance Over Form? Phantom Regulations and the Internal Revenue Code.  Here is the abstract:

This paper addresses the appropriate response to tax statutes that call for the issuance of regulations, but that have been ignored by the Secretary. The courts and the IRS have taken the unusual step of treating these statutes as self-executing, notwithstanding the absence of regulations, and have invoked phantom regulations to enforce the statutes. Several commentators have analyzed the Tax Court's and the IRS's approaches, but have focused mostly on cases interpreting delegations found in the Internal Revenue Code. Because those cases themselves are inconsistent, it is not possible to extract a clear rule from analysis of those cases alone. Surprisingly, a close examination of non-tax sources reveals a clear (if imperfect) solution to the problems posed by spurned delegations. This paper fills the void in the current literature by examining these overlooked authorities.

http://taxprof.typepad.com/taxprof_blog/2006/06/grewal_on_phant.html

Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341c4eab53ef00d834999eda53ef

Listed below are links to weblogs that reference Grewal on Phantom Regulations and the Internal Revenue Code:

Comments

Good article.

Posted by: James | Jun 19, 2006 3:23:19 PM