Supreme Court Set To Resolve Circuit Split in BNSF v. Loos

June 2018

Last month, the Supreme Court added BNSF v. Loos to the October term, scheduling a resolution to the issue of whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. Far from a one-off tax matter, the case impacts thousands of claims from railway workers each year and raises interesting questions about history, statutory construction, and the proper deference to administrative agencies. Read more.


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