June 09, 2011
Treasury: The Supreme Court Gives It More Deference
Posted by David Zaring

It's not the freshest Supreme Court opinion, but the Mayo Foundation case (on whether medical residents are students exempt from FICA taxes) was a demonstration that the Supreme Court doesn't really like alternatives to Chevron deference for its agencies.  There's a nice write-up on the case here.  I've argued that Treasury operates differently than other agencies, with less searching (and frequent) judicial review.  Mayo Foundation is pretty consistent with that view, though it is a tax law case, and as Kristin Hickman has shown us time and again, tax is just differernt.

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