Document Type
Article
Publication Title
Tax Notes (a publicaion of Tax Analysts)
Publication Date
9-28-1992
Abstract
In this article, Professor Galler responds to a memorandum prepared by Charles J. Cooper, which concludes that the Treasury Department has legal authority to issue a regulation providing for indexation of capital gains. Professor Galler argues that Mr. Cooper misinterprets Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., a Supreme Court decision dealing with administrative authority to issue interpretative regulations, and misapplies the principles of administrative law that flow from the Chevron opinion. Professor Galler presents the method of analysis that should have been followed in the Cooper Memorandum, and that is customarily followed by courts considering challenges to administrative regulations.
Recommended Citation
Linda Galler,
Chevron and the Administrative Regulation of Indexation: Challenging the Cooper Memorandum, 56 Tax Notes 1791
(1992)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/270