Marc Gerson, former tax counsel to the U.S. House of Representatives Committee on Ways and Means, commented on the potential of the Trump administration to take regulatory action to index capital gains to inflation for tax purposes, in the likely absence of Congressional authorization of the change. Bypassing Congress will be difficult, according to Gerson. "Congress traditionally and zealously guards its jurisdiction," he said. "I would anticipate there would be a legal challenge [to a regulatory change]. This is a constitutional issue."