In general, proposed regulations are viewed by the courts as carrying no more weight than a position advanced in a brief. They are merely suggestions made for public comment and are not entitled to deference. See the McNamee v. Dep't of Treasury, 488 F.3d 100, 109 (2d Cir. 2007) case, suggesting that proposed Treasury regulations do not represent the considered interpretation of a statute and are merely an option under consideration. The Internal Revenue Manual appears to confirm that taxpayers are not bound by proposed regulations: Proposed regulations provide guidance concerning Treasury's interpretation of a Code section. * * * Taxpayers may rely on a proposed regulation, although they are not required to do so. Courts almost uniformly regard no deference whatsoever to proposed regulations.
