New opinion

SHI Partners v. Commissioner of Internal Revenue—tax—affirmance—Greenberg

The Third Circuit affirmed today in a tax case. The court rejected an Administrative Procedures Act challenge to the relevant tax regulations because it was based on hindsight, relying on the IRS’s practice since adopting the regulations. More than that I hesitate to venture on a first read.

Joining Greenberg were Ambro and Restrepo. Arguing counsel were Thomas Dupree of Gibson Dunn for the taxpayer and Judith Hagley for the government.