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Order Enjoining IRS from Enforcing Tax-return Preparer Regulations Affirmed

DALLAS, Feb. 13, 2014 /PRNewswire/ -- On February 11, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (the "Court of Appeals"), in the case of Loving v. Internal Revenue Service, affirmed an order of the District Court enjoining the Internal Revenue Service (IRS) from enforcing regulations related to paid tax-return preparers. The subject regulations were issued by the IRS in 2011 and purported to require paid tax-return preparers to pass a qualifying exam, pay annual registration fees, and meet certain professional continuing education requirements.

The IRS argued it had authority to regulate tax-return preparers based on 31 U.S.C. section 330, which authorizes the IRS to "regulate the practice of representatives of persons before the Department of Treasury." The Court of Appeals disagreed, describing the IRS's interpretation as "expansive, atextual, and ahistorical." Based on its own textual and historical analysis of the provision, the Court of Appeals found that tax-return preparers are not in the practice of representing taxpayers before the Department of Treasury. For this reason, the Court of Appeals agreed with the District Court that the statute does not authorize the IRS to regulate tax-return preparers. Accordingly, it affirmed the District Court decision.

About Ryan
Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States. Headquartered in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a three-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan work environment, which is widely recognized as the most innovative in the tax services industry, Ryan's multi-disciplinary team of more than 1,600 professionals and associates serves over 9,000 clients in 40 countries, including many of the world's most prominent Global 5000 companies. More information about Ryan can be found at

Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States.

Jeremiah T. Lynch
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Jerry Lynch

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