Chief Counsel's Subtle Impact on Revenue: Regulations, Litigation, and Administrative Guidance

Abstract

This essay examines the Chief Counsel's role in the tax system and attempts to assess the ways in which it may affect revenue. The essay specifi cally discusses the revenue impacts of regulations and litigation led by the Offi ce of Chief Counsel. Ultimately, the essay calls on Congress to systematically require analyses of revenue impacts of tax legislation and the administrative response to such legislation.

What Do Courts Have to Do With It?: The Judiciary's Role in Making Federal Tax Law

“…§ 7805(a). For more on the regulations process, see Mann (2012). 39 Mann (2012, p. 896) less deferential Skidmore case, 42 which provided that the respect due "will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control."…”