FOLLOW US

America September 14, 2026 4 mins read

IRS Micro Captive Rules Face Sixth Circuit Test in Round Two Legal Battle

America ı By Rihem Akkouche

0 Comments

IRS micro captive rules

Some legal battles don't end with a single ruling — they simply pause, regroup and return for another round. That's exactly the situation now playing out at the Sixth Circuit, where the Internal Revenue Service is fighting to preserve a revised set of rules requiring taxpayers to disclose certain microcaptive insurance arrangements, arguing the regulations comply fully with the Administrative Procedure Act.

The Government's Case on Appeal

In a brief filed Friday, the IRS urged the appeals court to uphold U.S. District Judge Travis R. McDonough's March decision, which found the rules pass muster under the APA. According to the agency, Congress specifically authorized the Treasury Department to designate certain microcaptive insurance arrangements carrying potential for tax avoidance or evasion as "reportable transactions" — a category that includes a narrower subset known as "transactions of interest." Treasury also holds separate authority to flag arrangements it has specifically identified as tax-avoidance schemes, labeling them "listed transactions."

Treasury's Authority Under the Microscope

"Treasury exercised that authority when it promulgated" the disputed regulations, the IRS wrote, referring to rules that designate certain microcaptive arrangements as both "transactions of interest" and "listed transactions." The agency explained that taxpayers participating in these arrangements must disclose their involvement, giving the IRS the information it needs to determine whether to examine the transactions and potentially disallow any claimed tax benefits.

CIC Services Pushes Back — Again

On the other side of this legal tug-of-war sits CIC Services LLC, a microcaptive insurance advisory firm that filed its own appellate brief back in June. CIC argued that the final rules, issued in January 2025, violate the APA for essentially the same reasons a 2016 IRS notice was previously struck down. The firm's core argument: the IRS "cannot show that most small captives are abusive or potentially abusive, or that it needs more information to determine whether they are" — a challenge to the very foundation of the reporting requirements.

The IRS Responds to Its Critics

In Friday's brief, the IRS addressed CIC's argument head-on: "Although CIC has acknowledged that captive insurance arrangements can 'most definitely' be used for tax avoidance or evasion, it argues that the particular reporting requirements established by Treasury were arbitrary, capricious, and/or in excess of authority. The district court correctly rejected these arguments and upheld the regulations."

What the Lower Court Already Decided

Back in March, Judge McDonough found that the revamped rules — which require taxpayers to disclose specific microcaptive insurance arrangements to the IRS — don't run afoul of the APA, pointing to multiple U.S. Tax Court decisions demonstrating these arrangements can indeed be used to dodge taxes. In that ruling, the judge rejected CIC Services' challenge, which had argued the agency exceeded its authority and acted in an arbitrary and capricious manner.

A Tale of Two Rulings From the Same Judge

What makes this case particularly compelling is the history between these two parties. Judge McDonough drew a clear distinction between this case and an earlier APA challenge CIC Services brought back in 2017 — one where the company successfully convinced him that the original microcaptive reporting rules failed to meet APA standards.

What Changed the Second Time Around

In that earlier 2017 case, the judge had struck down Notice 2016-66, which flagged certain microcaptive arrangements as potentially abusive, ruling the IRS failed to adequately justify its decision and skipped necessary public feedback steps. This time, though, the calculus shifted. According to Judge McDonough, the IRS demonstrated it had actually considered multiple Tax Court findings showing taxpayers had abused tax incentives designed to support these in-house insurance arrangements — the missing justification that had doomed the agency's earlier attempt.

Where the Case Stands Now

Notably, that earlier 2022 memorandum opinion had set aside the IRS notice entirely, finding the agency had failed to justify flagging the transactions as potentially abusive while also shirking its obligation to gather public feedback — a defeat that sent the IRS back to the drawing board to craft the very rules now under fresh scrutiny at the Sixth Circuit.

A representative for the IRS declined to comment Monday. Representatives for CIC Services and the U.S. Department of Justice didn't immediately respond to requests for comment.

The Legal Teams Involved

CIC Services is represented by Cameron T. Norris and Ryan M. Proctor of Consovoy McCarthy PLLC, along with Adam R. Webber of Webber Law Group and Kenneth A. Lazarus of Lazarus & Associates.

The IRS is represented by Geoffrey J. Klimas, Francesca Ugolini and Ellen P. DelSole of the U.S. Department of Justice's Civil Division, Tax Litigation Branch.

With round one having gone to CIC Services and round two currently favoring the IRS, this rematch at the Sixth Circuit could ultimately decide whether the agency's revised playbook for policing microcaptive insurance finally holds up — or whether it's back to the drawing board once again.

Previous Article

EPA Planet Warming Limits Removal Sparks Fierce Backlash Over Climate Rollback

Read More
4589 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 14, 2026
Abbott $384M Settlement Closes Chapter on Tainted Formula Scandal
By – Rihem Akkouche
America September 14, 2026
Bob Mackie Death Ends an Era of Sequins and Showbiz Glamour
By – Rihem Akkouche
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate a Year of Romance
By – Jackie Allen
America September 14, 2026
AI Safety Warnings Mount. Trump Calls It a ‘Conspiracy’
By – Michallie Harrison
America September 13, 2026
AI Whistleblowers:  Warnings  Coming From Inside…

AI Whistleblowers are increasingly sounding the alarm about the speed…

By – Jackie Allen
America September 13, 2026
New Mexico Lawyer Fined $5,000 After…

Key Takeaways A New Mexico defense attorney was held in…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 13, 2026
Federal Judge Stays Discovery In Lawsuit…

Key Takeaways A federal magistrate judge stayed discovery while the…

By – Samuel Lopez
America September 13, 2026
Court Finds First Amendment Violation in…

Key Takeaways The Superior Court found that unexplained sealing violated…

By – Samuel Lopez
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 13, 2026
In-House Attorneys’ Group Takes Rival to…

Key Takeaways The Association of Corporate Counsel has filed suit…

By – Samuel Lopez
America September 12, 2026
Duke University Ends Reginaldo Howard Scholarship…

DURHAM, N.C. — Duke University has discontinued a decades-old merit…

By – Jackie Allen
America September 12, 2026
Bali Tourist Deported and Banned for…

A Bali vacation ended with an Australian tourist being deported…

By – Jackie Allen
America September 11, 2026
$LAPTOP Meme Coin Crashes After Hunter…

Hunter Biden’s $LAPTOP cryptocurrency suffered a dramatic collapse shortly after…

By – Jackie Allen
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 11, 2026
Skywatcher: ExoMoon Discovery May Reveal First…

An ExoMoon discovery may have given astronomers their first confirmed…

By – Jackie Allen
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 11, 2026
Mexican Food Company Announces California Layoffs…

Key Takeaways Ruiz Foods is cutting 176 jobs at its…

By – Samuel Lopez
America September 11, 2026
Sam Bankman-Fried Seeks Supreme Court Review…

By Samuel López | USA Herald Sam Bankman-Fried is taking…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Anthropic Says It Caught Scientists Trying…

Key Takeaways Anthropic’s newest threat intelligence report details five case…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter