“Loving” Return Preparer Regulation

Research output: Contribution to journalArticle

Abstract

In 2011 the Department of Treasury issued regulations that, for the first time, empowered the IRS to regulate the practice of preparing tax returns. Naturally, many tax return preparers were not happy about being regulated by the Feds. In 2013 a federal district judge nuked the regulations, holding that Congress has not authorized Treasury to empower the IRS to regulate return preparers. The lead plaintiff was named Loving. This article takes a critical look at whether the IRS can regulate return preparers. In so doing, it teaches three lessons. First, it traces the legal history of the 1884 statute where Congress first authorized regulation of "the practice of representatives of persons before the Department of the Treasury." Note that 1884 was both after and before Congress had imposed a tax on income and so was created during a time where most federal revenue derived from "external" taxes (e.g. customs duties) and "internal" excise taxes. Second, the article attacks the long-c
Original languageEnglish
Pages (from-to)16
JournalTax Notes
StatePublished - Jul 29 2013

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