Friday, December 19, 2014
Steve R. Johnson (Florida State), Reflections on Home Concrete: Writing Tax Regulations and Interpreting Tax Statutes, 13 Fla. St. U. Bus. Rev. 77 (2014):
United States v. Home Concrete & Supply, LLC is the Supreme Court's most recent foray into the thicket of the validity of Treasury tax regulations. The decision disappointed some because the Court avoided many significant issues raised by commentators or briefed by the parties.
Nonetheless, Home Concrete gives us much to digest. Some reactions to the decision appear below. They are grouped under four headings: (1) litigation balance between the government and taxpayers, (2) retroactivity, (3) deference doctrine, and (4) statutory interpretation. These considerations are developed below after a brief description of the Home Concrete decision.