The government likely will spend a lot of time monitoring challenges and questions over regulations promulgated under the 2017 TCJA, said former IRS Chief Counsel Michael Desmond. The government is aware of district court challenges to regulations issued under the TCJA.
Monte Silver is challenging the so-called transition tax regulations under Section 965 in the D.C. federal court, arguing that they violate the Regulatory Flexibility Act and the Paperwork Reduction Act.
In a separate complaint, Silver argued that final regulations from 2019 on GILTI violate the APA because the rules lack an analysis of their impact on small businesses as required by the Regulatory Flexibility Act.
Keeping track to future challenges and questions for regulations will be an open project with colleagues at the Justice Department and at the IRS for a considerable period of time, Desmond said.
