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Robert S. Walton

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Robert S. Walton works mainly on tax matters. He is a member of the bar of the US Tax Court, a member of the US Circuit Courts of Appeals, the Court of Federal Claims, the US District Court for the Northern District of Illinois and Court of Appeals, as well as the US Supreme Court. Prior to graduating at the Harvard School of Law, Mr. Walton earned his B.S. in Accountancy from the University of Illinois.
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North America: Listed transactions and the APA – The potential fallout from Mann Construction

by , and 1 Min Read

The IRS did not follow notice-and-comment procedures when it issued Notice 2007-83. A theme underlying a number of court decisions since the Supreme Court’s decision in Mayo Foundation is that the Administrative Procedure Act does apply to the IRS – just like it applies to every other administrative agency. The IRS appears to be slowly coming to recognize this reality, but for many, many years, the agency acted as if the APA did not apply to its actions. The Sixth Circuit’s recent decision in Mann Construction, Inc. v. United States illustrates the importance of the IRS’ prior failures in this regard, in this case in the context of listed transactions.