Cross-border Tax Talks

July 31, 2024

US Supreme Court Update: Chevron is no Moore

Doug McHoney (PwC’s International Tax Services Global Leader) is joined by Wade Sutton, International Tax Leader for PwC’s Washington National Tax Practice. Doug and Wade kick off with the persona of a law school professor, providing an overall perspective on the US common law system, and how the US court system works.  They then cover the importance three of Supreme Court’s recent tax case decisions – Moore v. United States, Corner Post v. United States, & Loper Bright v. United States. They start by ‘briefing’ the cases before noting why taxpayers should pay attention to each case. Additionally, they cover a potential wealth tax, the possible effects of the cases on litigation and tax controversy, what constituted the majority opinion in Loper Bright, the overruling of the Chevron doctrine, and regulatory validity.  

Timestamps:

  • 1:50 – What is the difference between a common law system and a civil law system? 
  • 4:40 – What are the facts of Moore v. United States
  • 7:45 – What are some of the prior precedents cited in the Moore case? 
  • 9:40 – What was the Court’s holding in Moore
  • 15:10 - The US does not have a wealth tax. Why are we talking about it now? 
  • 16:25 – What was the holding in Corner Post
  • 19:15 – Did the Supreme Court address the potential flood of claims since the ruling is inconsistent with the IRS’s historical position? 
  • 20:10 – How does the legislative and regulatory process work? 
  • 23:15 – What are the facts of the Loper Bright case and who is Raimondo
  • 29:15 – Why is the Chevron Doctrine not dead? 
  • 32:50 – What should taxpayers consider with regard to these decisions? 

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Speakers

Doug McHoney

International Tax Services Global Leader, PwC US

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Wade Sutton

Washington National Tax Services International Tax Leader, PwC US

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