TaxConnections Member Michael DeBlis

During its previous term, in a case that definitely took a back seat to the Affordable Care Act, same-sex-marriage, and the other high-profile disputes that the Supremes attempted to resolve, the High Court might have changed the way that doctors, dentists, accountants, lawyers, and other professionals have done business for decades. In North Carolina State Board of Dental Examiners vs. Federal Trade Commission, the Court may have ended a para-state professional organization’s ability to regulate nonmembers.

It seems that an inordinate number of beige-toothed Tarheels were flocking to their local teeth-whitening clinics to get a bleach job. The state dental board decided to fly to the rescue and put an end to this nefarious practice, ostensibly because these country-fried rubes couldn’t possibly do the job right and thus put innocent Polly Pureheart consumers at risk, but really because they wanted to charge $1,000 for teeth whitening Read More

In February 2014, the Internal Revenue Service lost its appeal in the Loving decision. This means that the IRS needs to end its efforts to regulate about 350,000 tax return preparers who are not attorneys, CPAs or Enrolled Agents. So, no testing or continuing professional education requirement for this large group of preparers.

President Obama’s recent budget proposal supports a statutory change to let the Internal Revenue Service resume the program it rolled out in 2010 to regulate all return preparers (see FY2015 Greenbook, page 244). Other proposals exist as well.

What do you think? Should the Internal Revenue be allowed to resume its broader regulation program? Read More