Legal Developments

Federal Court Upholds IRS Micro-Captive Transactions of Interest Rule

July 1, 2026

A federal district court upheld the Internal Revenue Service (IRS) 2025 transactions of interest reporting rule for certain micro-captive insurance arrangements, finding Treasury reasonably supported the regulation under the Administrative Procedure Act. The court did not revisit the listed transaction rule, which had already been vacated in the separate Drake Plastics decision. Read More


CIC Services Appeals IRS Micro-Captive Rule to Sixth Circuit

June 22, 2026

CIC Services has appealed a federal court ruling that upheld the Internal Revenue Service's (IRS's) micro-captive insurance regulations. The appeal challenges the agency's authority to designate certain Section 831(b) captive arrangements as listed transactions and transactions of interest, while arguing the rule conflicts with statutory requirements and lacks adequate support. Read More


What the Drake Plastics IRS Ruling Means for 831(b) Captives

June 4, 2026

In this Q&A, Dustin Carlson, President of The 831(b) Institute, examines the Drake Plastics court decision and its implications for 831(b) captive insurance companies. The discussion covers Internal Revenue Service (IRS) reporting requirements, transactions of interest, listed transactions, regulatory concerns, and how the ruling may influence the future of micro-captive insurance. Read More


What the Drake Plastics Ruling Actually Means for Micro-Captive Owners

May 11, 2026

The 831(b) Institute discusses the implications of the Drake Plastics ruling on Internal Revenue Service (IRS) oversight of 831(b) captive insurance arrangements. The discussion addresses "transactions of interest," "listed transactions," legitimate risk management structures, and how the ruling could influence future IRS guidance, enforcement activity, and compliance considerations for captive insurance participants. Read More


Texas Court Partially Strikes IRS Micro-Captive Rule

April 17, 2026

A Texas federal court issued a split ruling on Internal Revenue Service (IRS) micro-captive regulations, striking down the listed transaction designation while upholding transaction-of-interest reporting rules. The decision maintains disclosure requirements for Section 831(b) captives, but it could limit enforcement and penalties tied to the stricter listed transaction classification. Read More