The newly approved commissioner of the Internal Revenue Service, John Koskinen, said Monday that he would support voluntary certification for tax preparers if the Internal Revenue Service fails to win an appeal of a judge’s decision striking down the IRS’s Registered Tax Return Preparer regulatory regime.

Last January, U.S. District Court Judge James E. Boasberg ruled in favor of three independent tax preparers—Sabina Loving of Chicago, John Gambino of Hoboken, N.J., and Elmer Kilian of Eagle, Wis.—and found the IRS had exceeded its statutory authority in imposing its RTRP requirements for mandatory testing and continuing education for tax preparers (see Court Rules IRS Doesn’t Have the Authority to Regulate Tax Preparers). The IRS appealed the decision in the case, known as Loving v. IRS, and a three-judge appeals court heard oral arguments last September (see Appeals Court Hears IRS’s Case for Tax Preparer Regulation).

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