Tax Notes Quotes Prof. Hickman on 245A Regs’ Good Cause Claim

Prof. Kristin Hickman was quoted at length by Tax Notes in an article entitled “Will Treasury’s Good Cause Exception Hold Up In Court?” (subscription required) regarding the persuasiveness and potential implications of the Treasury Department’s claim to the good cause exception from the Administrative Procedure Act’s notice-and-comment rulemaking procedures in conjunction with its temporary regulations under Internal Revenue Code section 245A. Prof. Hickman questioned some of the Treasury Department’s assertions while acknowledging the case-by-case nature of good cause exception jurisprudence. She also noted the variability of judicial remedies in such cases.