In November 2023, the taxpayers and the government completed their briefing in Moore v. United States, the high-profile case pending in the Supreme Court addressing the constitutionality of the section 965 transition tax. Oral argument took place on December 5, 2023, and a decision is expected by early summer 2024. In this article, Jeffrey Tebbs considers the mechanisms by which a decision in Moore invalidating the transaction tax may affect the treatment of post-2017 distributions from foreign affiliates and post-2017 sales of foreign affiliate stock. While awaiting a final decision in Moore, Tebbs advises taxpayers to model the consequences of potential holdings, as part of their diligence in evaluating a potential claim for refund or protective claim for refund.