Restoring the Lost Anti-Injunction Act

Article — Volume 103, Issue 8

103 Va. L. Rev. 1683
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Should Treasury regulations and IRS guidance documents be eligible for pre-enforcement judicial review? The D.C. Circuit’s 2015 decision in Florida Bankers Ass’n v. U.S. Department of the Treasury puts its interpretation of the Anti-Injunction Act at odds with both general administrative law norms in favor of pre-enforcement review of final agency action and also the Supreme Court’s interpretation of the nearly identical Tax Injunction Act. A 2017 federal district court decision in Chamber of Commerce v. IRS, appealable to the Fifth Circuit, interprets the Anti-Injunction Act differently and could lead to a circuit split regarding pre-enforcement judicial review of Treasury regulations and IRS guidance documents. Other cases interpreting the Anti-Injunction Act more generally are fragmented and inconsistent. In an effort to gain greater understanding of the Anti-Injunction Act and its role in tax administration, this Article looks back to the Anti-Injunction Act’s origin in 1867 as part of Civil War–era revenue legislation and the evolution of both tax administrative practices and Anti-Injunction Act jurisprudence since that time.

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  Volume 103 / Issue 8  

Enforcing the FCPA: International Resonance and Domestic Strategy

By Rachel Brewster
103 Va. L. Rev. 1611

Restoring the Lost Anti-Injunction Act

By Kristin E. Hickman & Gerald Kerska
103 Va. L. Rev. 1683

Are Speech Rights for Speakers?

By Leslie Kendrick
103 Va. L. Rev. 1767

Moral Commitments in Cost-Benefit Analysis

By Eric A. Posner and Cass R. Sunstein
103 Va. L. Rev. 1809