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ERC audit results are flowing in, with the IRS adding five “warning signs” to its previously identified seven. Beyond the mild amusement of the IRS identifying 12 warning signs for ERC – a transaction on the IRS’...

With the recent Supreme Court case in Loper Bright,1 tax practitioners are starting to consider whether certain interpretive Treasury regulations are still valid in a world without Chevron2 deference. As...

According to IRS published guidance, when an employer claims the employee retention credit (“ERC”), the employer is supposed to make a corresponding amendment to its income tax return to reduce its wage expense deduction...

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned a 40-year-old legal precedent which granted judicial deference to federal regulators’ interpretation of ambiguous laws. That level of deference...

The IRS has been extremely vocal about the number of erroneous and/or fraudulent Employee Retention Credit (ERC) filings and its intent to seek repayment of these improper ERC payments. On June 26th, the 9th Circuit Court of...