Court Dismisses AICPA suit against IRS Voluntary Tax Preparer Suit

A federal judge, James Boasberg, the same judge who handed down the Loving v. IRS ruling last year invalidating the IRS’s attempt to impose mandatory testing and continuing education of non-credentialed tax preparers, has dismissed a lawsuit against the Internal Revenue Service by the American Institute of CPAs over its new program offering voluntary education and testing of non-CPA tax preparers.

In his ruling Monday October 27, Boasberg said the AICPA lacked standing and would not be harmed by a voluntary program. “Arguing that AICPA and its members have suffered no harm from the program, Defendants IRS and the IRS Commissioner have now moved to dismiss the suit for lack of standing. Agreeing, the Court will grant Defendants’ Motion,” wrote Boasberg.

October 30, 2014 by Lee Reams II
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Comments

David C. Garber, E.A.

David C. Garber, E.A. said:

In a society governed by law, there must be standards of behavior and, in the case of application and enforcement of law, there must be standards of professionalism and accountability. The IRS should be allowed to create and maintain standards for anyone who prepares tax returns for monetary gain. A preparer should and must be held to a professional standard as part of their contribution to a contract: tax preparation for remuneration. Without the enforcement of standards and professionalism, tax law and collections reporting and enforcement will devolve into chaos and a totally broken system, lacking any kind of fairness and consistency.

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