Prof. Hickman Quoted by Bloomberg About Challenges to Old Tax Regulations

Professor Kristin Hickman was quoted in an Oct. 20 Bloomberg article, “Easement Deal Appeal Offers Early Test for Old Treasury Rules,” discussing the susceptibility of some longstanding Treasury Department regulations interpreting the Internal Revenue Code for noncompliance with Administrative Procedure Act procedural requirements. Prof. Hickman expressed sympathy for “court wariness to overturn longstanding regulations that predate today’s understandings of administrative law requirements.” She also noted, however, that the Treasury Department was made aware of its exposure prior to a key Supreme Court decision in 2011. For that reason, Prof. Hickman suggested that perhaps courts should not “give Treasury a blanket pass prior to 2011 just because the Supreme Court hadn’t put its foot down yet that tax isn’t exceptional.”