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IRS Bids to Reinstate Tax Preparer Regulation Regime

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The IRS, in its latest briefs, continues to make similar arguments about statutory authority dating back to an 1884 law allowing a government agency to regulate those who practice before it. The IRS also included a paragraph arguing it has “inherent authority,” but Alban noted that it is not making as much of that as it did earlier after the district court was dismissive of that argument. The IRS cited a new statute that it claimed gave it this “inherent authority,” but Alban noted that the statute is not one that the IRS told Congress it was relying upon when it passed the regulations in the first place.

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