Cato, Groups Tell Justices Insurer Not Barred In IRS Rule Bout

Law360 (July 22, 2020, 9:03 PM EDT) -- Several groups including the Cato Institute and U.S. Chamber of Commerce asked the U.S. Supreme Court Wednesday to allow an insurance company's challenge to an IRS notice on microcaptive insurance arrangements, saying it shouldn't be barred by the Anti-Injunction Act.

Cato, along with trade associations, industry-member organizations and think tanks, said the Anti-Injunction Act, or AIA, only bars lawsuits that restrain the collection or assessment of taxes and has always been narrowly focused. Applying the statute in an overbroad way to bar a microcaptive insurance provider from a preenforcement challenge to an Internal Revenue Service notice would contradict the plain statutory...

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