That's the question that was before the Circuit Court of Appeals in DC a few weeks ago in the IRS appeal of the Loving decision. I think both parties made some good arguments for why the 1884 law the IRS used to expand its regulatory reach is and is not suitable or intended for the broader reach. A lot has changed in the tax preparation world since 1884! I'm guessing that the preparers will win again on appeal, but that Congress will enact legislation to make it clear the IRS and Treasury have authority to regulate all paid preparers of federal tax returns.
I've got a short article in today's AICPA Tax Insider with more details (and links) on what is going on - I hope you'll take a look and post a comment here on what you think about these events. Thank you.
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2 comments:
Great article, Professor Nellen! Congress needs to look at this as an item the vast majority of tax professionals and taxpayers need, and not as something to give the IRS more power.
Excellent discussion Professor Nellen, They can give IRS broad power but the check and balances in the Department of treasury, the senate must see to it that it does not abuses its power in dealing with tax payers. More power, corrupts more. Just my opinion.
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