Andersen Managing Director Joe Calianno's comments are featured in the recent Tax Notes article, Proposed DPL Rules May Have IRS Authority Hiccups. The article discusses the recently proposed dual consolidated loss rules and certain proposed changes to the check-the-box rules. Some practitioners are concerned that IRS and Treasury may have overstepped their grant of rulemaking authority when addressing deduction/on-inclusion (D/NI) transactions when they issued rules relating to disregarded payment losses (DPLs). The proposed regulations are designed to prevent a multinational group from using the same economic loss to offset its income in both the United States and a foreign jurisdiction. Joe told Tax Notes that most practitioners were surprised at the DPL rules that were included in the proposed regulations. He added that the DPL rules further complicate an area that is already overly complex. Joe also noted that IRS and Treasury are using the check-the-box rules as a means of subjecting taxpayers to the disregarded payment loss rules by basically having them consent or be deemed to have consented to those rules. As a result, he encouraged taxpayers to evaluate the rules to see if they would be implicated in their current structure, and if implicated, consider restructuring to avoid the rules.