Supreme Court Urged to Skip Review of IRS Insurance Summons Case

The Supreme Court shouldn’t review a case challenging an IRS summons seeking information on captive insurance companies in Delaware because a state insurance regulatory statute doesn’t trump the federal tax code authorizing the summons, the US Department of Justice said.

In its response to a petition filed by the Delaware Department of Insurance, the US argued that any differences between circuit courts in analyzing the McCarran-Ferguson Act—which returns insurance regulations to states—had no effect on the outcome of its case and doesn’t warrant certiorari review. The brief also argued that the DOI failed to show how any discrepancies would ...