Legal Opinion

Loving v. Internal Revenue Service

District Court, District of Columbia

Decided January 18, 2013No. Civil Action No. 2012-0385PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES E. BOASBERG, District Judge.

To close a gap in the federal oversight of tax professionals, in 2011 the Internal Rev enue Service began regulating hundreds of thousands of non-attorney, non-CPA tax-return preparers who prepare and file tax returns for compensation. The new regulations require each such preparer to pass a qualifying exam, pay an annual application fee, and take fifteen hours of continuing-education courses each year. Agency action, however, requires statutory authority. The IRS interpreted an 1884 statute as enabling these new regulations. That statute…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000

23 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Loving v. Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2014
  2. American Institute of Certified Public Accountants v. Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2015
  3. United States v. ElsassDistrict Court, S.D. Ohio · 2013
  4. Loving v. Internal Revenue ServiceDistrict Court, District of Columbia · 2013
  5. Resolute Forest Products, Inc. v. U.S. Department of AgricultureDistrict Court, District of Columbia · 2015

9 more not listed; retrieve them via the Exa API.

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