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Expert Analysis

Considering Kisor's Deference Decision In The Tax Context

By Andrew Roberson (June 27, 2019, 6:27 PM EDT) -- On Wednesday, the U.S. Supreme Court issued its opinion in Kisor v. Wilkie,[1] substantially restricting the scope of Auer deference.[2] The opinion is sharply divided; Justice Elena Kagan wrote an opinion that commanded a majority only in part. There are three additional concurring opinions. Much ink could be spilled going into the details of each opinion, but the following analysis focuses on the potential impact of the majority opinion on future tax cases....

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