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Welcome to TaxBlawg, a blog resource from Chamberlain Hrdlicka for news and analysis of current legal issues facing tax practitioners. Although blawg.com identifies nearly 1,400 active “blawgs,” including 20+ blawgs related to taxation and estate planning, the needs of tax professionals have received surprisingly little attention.
Tax practitioners have previously lacked a dedicated resource to call their own. For those intrepid souls, we offer TaxBlawg, a forum of tax talk for tax pros.
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On December 29, the Eleventh Circuit in Hewitt v. Commissioner gave taxpayers a nice victory to ring in the New Year. There, the Court struck down a 1980’s era conservation easement regulation and reminded Treasury and the IRS that the notice-and-comment cornerstone of the Administrative Procedures Act (APA) requires that agencies genuinely consider and address legitimate public comments received on proposed regulations.
In 1995, the Supreme Court in Perez v. Mortg. Bankers Ass'n, had described an essentially four-step procedure for notice-and-comment rulemaking: (1) an ...