Mom & Pop Tax Preparers Rescued By D.C. District Court

more+
less-
more+
less-
Explore:  IRS Tax Preparers

In 2011, the IRS began regulating non-attorney, non-CPA tax-return preparers. New regulations require them to pass an exam, pay an annual fee, and take fifteen hours of continuing-education courses each year. The new rules threaten to drive many preparers out of business, and raise costs to others.

The IRS has only one small obstacle to implementing these new rules – the U.S. Constitution. Congress has never given the IRS and Treasury authority to regulate tax preparers.

The IRS argued that an 1884 statute gave the requisite authorization when it allowed the IRS to regulate “representatives” who “practice” before it. The court did not agree that tax return preparers are representatives practicing before the IRS, and issued an injunction against the new rules.

The Institute for Justice represented the preparers in this case. Depending on where they are on the political spectrum, many can’t stand the Institute for Justice, while others celebrate their efforts to confront unconstitutional government action.

Loving v. Commissioner, Case No. 12-385, January 18, 2013, U.S. District Court for the District of Columbia

Topics:  IRS, Tax Preparers

Published In: General Business Updates, Constitutional Law Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles (Chuck) Rubin, Gutter Chaves Josepher Rubin Forman Fleisher P.A. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Charles (Chuck) Rubin
Gutter Chaves Josepher Rubin Forman Fleisher P.A.

A tax and business attorney who assists clients in preserving & enhancing individual, family &... View Profile »


Follow Gutter Chaves Josepher Rubin Forman Fleisher P.A.:

Reporters on Deadline