Prof. Caleb Smith Published in TaxNotes Discussing Loper Bright

Professor Caleb Smith was published in TaxNotes discussing the application (or lack thereof) of Loper Bright in a recent 9th Circuit opinion. The case (Brown v. Commissioner) produced three separate opinions from the three judge panel, each varying significantly in both their methodological approach and legal conclusions. In this article, Professor Smith discusses how the lead opinion essentially ignores Loper Bright and relies heavily on regulatory guidance to reach its conclusion.