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Tax Notes Federal, May 25, 2020, pp. 1454-1456, published by Tax Analysts

Silver Moves for Summary Judgment in Transition Tax Suit

By Andrew Velarde

"The IRS and Treasury certified in both the proposed regs (REG-104226-18) and final rules (T.D. 9846) that the guidance would not have a significant impact on small entities, but Silver alleges in his brief that the agencies did not
include 'a single substantiating fact' in those certifications, despite his having raised the issue with them several times.

After the proposed rules were published, Silver and 400 small business owners emailed the government and submitted formal comments warning it of the 'tremendous harm' that the rules would cause them, the brief says. The brief points to comments made at the hearing on the regs in October 2018 by American Citizens Abroad as further evidence of small businesses voicing concerns over the burdens they are facing."