The IRS in 2011 created new regulations that required anyone who takes money for tax-preparation advice to be licensed by the federal government. Their basis--an 1884 statute (that preceded the IRS, by the way) that was intended to assist military pensioners who had monetary claims against the federal government. (I don't know either...)
The real effect of these regulations would be that half of all taxpayers would have their tax preparing costs increase, not including the thousands of small tax preparers who could not afford the new fees associated with the required IRS testing. And hard to believe, one of the IRS arguments was that it would be significantly harmed by the loss of the approximately $100 million in revenue it had already generated. Buffett + Gates probably paid more than that in taxes by themselves.
Enter the Institute for Justice, who represented three independent tax preparers in court and charged that the IRS lacks the legal authority to write such rules. Among their points, IJ pointed out that the IRS itself had in the past confessed that the 1884 statute did not allow them to regulate tax preparers. They further informed the court that Congress on eight previous occasions failed to pass a law that would have given the IRS that power.
Thankfully a D.C. judge agreed with the plaintiffs recently (Jan. 2013), putting a permanent injunction on the rules. A classic example of bullying by big government. Shameful.
Thank you, IJ.
Shout out for the Wall Street Journal, who wrote about it. (2/2013)
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