A trio of tax preparers who successfully sued the Internal Revenue Service to halt its mandatory testing and continuing education requirements is contesting the IRS’s request for a federal judge to suspend his ruling against the agency while it mounts an appeal.

U.S. District Court Judge James E. Boasberg ruled on January 18 in favor of the tax preparers, agreeing with them that the IRS had unjustifiably expanded the scope of an 1884 law to support its claim that it had the statutory authority to regulate tax preparers (see Court Rules IRS Doesn’t Have the Authority to Regulate Tax Preparers). In doing so, he enjoined the IRS from enforcing its regulations governing Registered Tax Return Preparers. The IRS said last week that it planned to appeal the ruling and asked the court to suspend the injunction pending resolution of an appeal that it intended to file within the next 30 days (see IRS to Appeal Ruling Barring Licensing of Tax Preparers).

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