Tax Preparers

News & Analysis as of

Tax Litigation Update: Eleventh Circuit Holds Clear and Convincing Evidence Standard Applies to Penalties Imposed under IRC § 6701

The Eleventh Circuit Court of Appeals, which hears appeals from the federal district courts in Florida, Georgia, and Alabama, ruled earlier this month that in order to impose penalties under IRC § 6701, the government bears...more

Eighth Circuit Affirms Summary Judgment On Overtime Claims For Class of Tax Professionals

Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eight Circuit. In Petroski v. H&R Block Enterprises, LLC, Case No. 13-2076 (8th Cir. May 2, 2014),...more

IRS Regulation Of Tax Return Preparers Is Dead (For Now)

In 2011, the IRS sought to regulate tax return preparers, and issued regulations that required “registered tax return preparers” to pass a competency test, a tax compliance check, and a suitability check. They would also have...more

Updated E-Filing Requirements for Tax Preparers

In the IRS's point of view, preventing fraud and abuse of the electronic filing system is the shared responsibility of both the IRS and authorized e-file providers. In an effort to stop the fraud, abuse, and resulting...more

Recent Sentences for Federal Tax Crimes in 2014 – Part 2

On Friday, we posted a review here of sentences imposed on defendants in 2014 for Foreign Bank Account, Tax Evasion, and Employment Tax crimes. In this post, we review sentences imposed on defendants in cases involving False...more

DC Circuit Upholds Ruling That IRS Cannot Regulate Tax-return Preparers

The US Court of Appeals for the District of Columbia Circuit recently held that the Internal Revenue Service did not have the statutory authority to regulate tax-return preparers....more

Corporate and Financial Weekly Digest - Volume IX, Issue 8

In this issue: - OTC Markets Proposes Amendments to OTCQX Rules and New Rules for US Banks - SEC Approves Changes to FINRA BrokerCheck Disclosure Rule 8312 - SEC to Examine Never-Before Examined...more

IRS Lacks Authority to Issue and Enforce Tax Return Preparer Regulations

On February 11, 2014, the U.S. Court of Appeals for the District of Columbia upheld the decision of the District Court for the District of Columbia, affirming that the Internal Revenue Service (IRS) lacked the authority to...more

U.S. Courts of Appeals Strikes Down New IRS Regulation to Register Paid Tax Return Preparers

On Tuesday, February 11, 2014, the U.S. Court of Appeals for the District of Columbia struck down the Internal Revenue Service’s new licensing requirements for all paid tax return preparers....more

"Extensive Wait Times" Ahead with the IRS

Yesterday the IRS released a YouTube video from John Koskinen, the new commissioner, assuring taxpayers the IRS is dedicated to assisting taxpayers this filing season, and advising taxpayers the best methods to seek tax...more

Observations of a Volunteer Tax Preparer

From the end of January through mid-April of 2013, I volunteered with the United Way tax program providing free federal income tax preparation. Meeting with low to moderate income taxpayers, and preparing and reviewing...more

How To Choose A Tax Return Preparer? Watch Out For Fraud

It is tax season and it is time to think about getting your taxes done. This time of year is filled will angst for most people....more

Federal Court Shuts Down Instant Tax Service

Tax Analysts Tax Notes reports that on November 6, 2013, Judge Timothy S. Black of the Southern District of Ohio permanently shut down Instant Tax Service, which claims to be the fourth largest tax return preparation firm in...more

A Trap for the Unwary Advertiser

For more than 30 years, Subchapter F, § 301.7216-3, of the Treasury Regulations has provided a safeguard for taxpayers over their personal information submitted to tax preparers. On January 14, 2013, the IRS issued Revenue...more

Tax Payers Have A Friend At City Hall

With the April 15th tax return deadline approaching, many people turn to tax preparers whether small one person shops or national corporations. Until recently it was up to the consumer to determine if the deal the tax...more

District Court Holds IRS Lacks Authority to Issue and Enforce Tax Return Preparer Regulations

On January 18, 2013, the District Court for the District of Columbia held that the Internal Revenue Service lacked the authority to issue and enforce the tax return preparer regulations that it issued in 2011 and permanently...more

Court Strikes Down IRS Tax Return Preparer Regulations

In Loving v. IRS, Civ. A. No. 12-385 (D.D.C. 2013), the District Court for the District of Columbia struck down the IRS's 2011 tax return preparer regulations (T.D. 9527, 2011-2 C.B. 1 (Jun. 3, 2011)). The regulations require...more

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

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...more

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