Legal Authority of the Department of the Treasury to Issue Regulations Indexing Capital Gains for Inflation

Legal Authority of the Department of the Treasury to Issue Regulations Indexing Capital Gains for Inflation The Department of the Treasury does not have legal authority to index capital gains for inflation by means of regulation. September 1, 1992 M e m o r a n d u m O p in io n f o r t h e G e n e r a l C o u n s e l Departm ent o f th e T r ea su ry You have asked for our opinion whether the Department of the Treasury (“Treasury”) has legal authority to amend its regulations to index capital gains for inflation. In connection with that request, you have provided us with your legal opinion…