Supreme Court Decision and IRS Policies Cast New Doubts on Employee Retention Credit Claims
The recent US Supreme Court decision in Loper Bright Enterprises v. Raimondo overturning Chevron deference, along with specific IRS policies, are influencing the assessment of Employee Retention Credit (ERC) claims. According to the IRS Policy Statement on the Tax Regulatory Process, the agency may be employing an unsustainable standard when evaluating ERC claims. The IRS…