On Friday January 18, 2013, the IRS’ attempt to regulate non-CPAs, non-enrolled agents, and non-attorneys were put to an end by a decision of the United States District Court for the District of Columbus.  The IRS believes that it has the authority to regulate “representatives” who “practice” before it.  However, three independent tax-preparers brought the suit objecting to the IRS’ efforts and the Court agreed.  
U.S. District Court Judge James E. Boasberg ruled against the IRS and enjoined the agency  from enforcing its Registered Tax Return Preparer requirements.  The Court held that the IRS’ regulatory scheme was impermissible and entered a permanent injunction.  The judge ruled that IRS does not have the statutory authority to regulate tax preparers.  If no further action is taken, tax preparers will not have to comply with the recently enacted regulations.
At this point it remains to be seen what the IRS will do next.  Their first option is to appeal to the Circuit Court in an effort to have the decision overturned.  If an appeal is not successful, the IRS will have to turn to the Legislature for the authority to regulate tax preparers.  The IRS would like to require an exam, a fee, and required continuing  education courses for all non-CPA, non-enrolled agent, and non-attorney tax preparers.



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