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Tax Notes (a publicaion of Tax Analysts)

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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.