In The News

3rd Circ. Rule Creates 'Perverse Incentives,' Justices Told


20 Mar 2018
Reprinted with permission.

Morrison & Foerster’s Appellate & Supreme Court Practice co-chair Deanne Maynard applauded the Cato Institute’s brief in support of Duquesne Light’s cert petition challenging the IRS’s authority to disregard its own regulations in the Law360 article “3rd Circ. Rule Creates 'Perverse Incentives,' Justices Told.”

“Duquesne Light Holdings appreciates the powerful amicus brief from the Cato Institute," she said. "Cato’s brief highlights the important question presented by our cert petition. Duquesne’s petition challenges a Third Circuit decision concluding that, even when a taxpayer complies with on-point and unambiguous regulations, the IRS may disallow a deduction just because those regulations lead to a result the agency dislikes. As Cato’s brief makes clear, agencies should not be able to pick and choose the regulations they will follow.”




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