LOVING v. I.R.S.

No. 13-5061.

742 F.3d 1013 (2014)

Sabina LOVING, et al., Appellees v. INTERNAL REVENUE SERVICE, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 2014.


Attorney(s) appearing for the Case

Gilbert S. Rothenberg , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Tamara W. Ashford , Principal Deputy Assistant Attorney General, Richard Farber and Patrick J. Urda , Attorneys.

David W. Foster was on the brief for amici curiae Former Commissioners of Internal Revenue in support of appellants.

Charles Harak was on the brief for amici curiae National Consumer Law Center, et al. in support of appellants.

Dan Alban argued the cause for appellees. With him on the brief were William H. Mellor , Scott G. Bullock , and Ari S. Bargil.

Patrick J. Smith was on the brief for amici curiae Ronda Gordon, et al. in support of appellees.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


KAVANAUGH, Circuit Judge:

The federal income tax code is massive and complicated. So it is not surprising that many taxpayers hire someone else to help prepare their tax returns.

In 2011, responding to concern about the performance of some paid tax-return preparers, the IRS issued new regulations. Among other things, the new regulations require that paid tax-return preparers pass an initial certification exam, pay annual fees, and complete at least 15 hours...

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