United States: Reliance on Regulations After Loper Bright

In brief

In his article "Liberty Global Reflects a Continuing Decline of Regulatory Weight", Sam Pollack considers recent Appeals court decisions that have set aside Treasury regulations in favor of their own statutory interpretations. He notes the profusion of successful taxpayer challenges to regulatory validity, reflecting Treasury’s diminishing authority to burden taxpayers with regulations, and analyzes how this trend also reduces taxpayer certainty with respect to positions that rely on Treasury regulations. The article was published in the Tax Management International Journal on November 4, 2025.

Reproduced with permission from Tax Management International Journal, November 4, 2025. Copyright @ 2025 by Bloomberg Industry Group, Inc. (800-372-1033).

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