The Bassin Law Firm PLLC served as counsel for the taxpayers in Silver v. Commissioner, (D.D.C. No. 19-247). The taxpayers in Silver are challenging the validity of recently issued regulations implementing the transition tax enacted as part of the Tax Justice and Jobs Act of 2017. Their arguments focus upon the procedures employed by the Government in issuing the challenged regulations, contending that the regulations are unlawful and must be set aside under the Administrative Procedure Act, the Regulatory Flexibility Act, and Paperwork Reduction Act.

On Christmas Eve 2019, the federal district court in Silver rejected the Government's motion to dismiss the case on jurisdictional grounds, including standing and the Anti-Injunction Act. The case will now move toward briefing on the merits of the taxpayers' challenges to the regulations and a decision by the court by the end of the year.

The Silver case suggests options available to other taxpayers who are dissatisfied by elements of tax regulations. Taxpayers concerned with aspects of the recent regulations implementing the global intangible low tax income (GILTI) tax from the Tax Justice and Jobs Act of 2017 may want to pursue their options under the arguments advanced in Silver. Other taxpayers dissatisfied with other regulations (including regulations issued decades ago) decades may also be interested in the Silver litigation and options it may provide for them.

This web page collects information taxpayers and their counsel interested in the Silver case may find useful. If the reader wants additional information or to discuss a particular situation are encouraged to contact Stu Bassin.