August 19, 2020
A taxpayer is putting the finishing touches on his summary judgment argument challenging the transition tax regs, with both litigants focused on the guidance’s certification that the rules do not significantly impede small businesses.
Monte Silver filed his reply brief on his motion for summary judgment with the U.S. District Court for the District of Columbia on August 18. In May Silver moved for summary judgement in his suit against the section 965 transition tax rules imposed on accumulated offshore earnings. The suit alleges that the IRS ignored its duty to perform the small business impact evaluations required under the Regulatory Flexibility Act (RFA) and the Paperwork Reduction Act.
“Defendants’ Brief does not cite a single reference in the administrative record that supports their [RFA] certifications. Nor can they. . . . There is not a single document or iota of evidence in the administrative record that supports the certifications. Quite the opposite,” the reply brief argues...
To read the final brief seehttps://drive.google.com/file/d/1_HsgmhFYYtDTbFPTodWgbDuXVi03K-FX/view?usp=sharing