Chevron is receding in tax, not because of any resurgence of tax exceptionalism but because it is receding everywhere. The case will continue to be cited by courts and masticated by commentators, but the unresolved – indeed worsening — conceptual, definitional, and practical incongruities of its doctrine rob it of operational force. King, which the Supreme Court conspicuously chose to resolve without “help” from Chevron, is another mile-marker on Chevron’s downward road. This article maps that road.
Steve R. Johnson
The Rise and Fall of Chevron in Tax: From the Early Days to King and Beyond,
2015 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol2015/iss1/3