On June 28, 2024, transgender activists, legal advocates, and currently unhoused transgender New Yorkers attended a press conference at Foley Square, regarding New York City’s obligation to provide transgender and gender nonconforming (“TGNC”) affirming shelter to unhoused New Yorkers. In a 2021 settlement resolving Mariah Lopez v. NYC Department of Homeless Services (DHS),
Over the years, the circuits have split on how to interpret the statute of limitations for bringing a facial challenge to a regulation or other agency action under the Administrative Procedure Act (“APA”). Yesterday, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the Supreme Court
The U.S. Supreme Court today overruled the longstanding Chevron doctrine that for 40 years largely deferred to federal agency regulations in interpreting ambiguities in the law. The landmark decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. addressed appeals in Loper Bright Enterprises v. Raimondo and in
Justices Avoid Addressing the Limits of Congress’s Authority to Tax Income Under the Sixteenth Amendment The U.S. Supreme Court in Charles G. Moore v. United States (No. 22-800), by a 7-2 vote, rejected a constitutional challenge to the Mandatory Repatriation Tax (“MRT”) imposed by IRC 965. The MRT is a
Kostelanetz LLP has filed an amicus brief on behalf of the Center for Taxpayer Rights in support of petitioner Philip G. Groves in Groves v. Commissioner, T.C. No. 9974-22L, a case involving the IRS’s assessment of tax penalties. The petitioner is challenging penalty liability on the ground that the IRS
Kostelanetz LLP has filed an amicus brief on behalf of the American College of Tax Counsel (ACTC) in Diane Zilka v. Tax Review Board City of Philadelphia (No.23-914), a case involving Philadelphia’s wage tax where the petitioner is seeking a writ of certiorari from the U.S. Supreme Court. Philadelphia’s wage
By Michael Waalkes The CPA Journal January 2024 Due to recent taxpayer-favorable court decisions requiring the Department of the Treasury to use formal notice-and-comment procedures under the Administrative Procedure Act (APA), the process by which the IRS publicly identifies listed transactions has undergone significant changes. It remains unclear whether these
Andy Weiner was quoted in an article published by The Washington Post on November 27, 2023, titled “This lawsuit could disrupt the U.S. tax system. Key facts are in dispute.” The article discusses Charles G. Moore et al. v. United States (No. 22-800) in the Supreme Court that challenges the transition
Andy Weiner was quoted in a Law360 article titled “Tax Profs Urge Justices to Uphold Repatriation Levy” on October 20, 2023. The Supreme Court will hear a challenge to the transition tax under Internal Revenue Code Section 965 in the case Charles G. Moore et al. v. United States (No.
Kostelanetz has filed an amicus brief on behalf of Professors Reuven Avi-Yonah, Clinton Wallace, and Bret Wells in the U.S. Supreme Court case of Charles G. Moore v. United States (No. 22-800). The case involves a constitutional challenge to the transition tax under Section 965 but the implications are far-reaching.
