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IRS Loses Lawsuit in Fight Against Tax Preparers

photo credit: scott*eric

FALLS CHURCH, Va. (AP) — A federal judge on Friday barred the IRS from imposing a series of new regulations, including a competency exam, on hundreds of thousands of tax preparers.

U.S. District Judge James Boasberg in Washington ruled against the IRS in favor of three tax preparers who filed suit last year with the help of a libertarian legal group, the Arlington, Va.-based Institute for Justice.

Since 2011, in response to what it says has been a growing problem of poorly done returns, the IRS has sought to impose a series of new regulations on tax preparers. That included a requirement to pass a qualifying exam, paying an annual application fee, and taking 15 hours annually of continuing-education courses.

Attorneys and certified public accountants would have been exempt from the regulations.

The Institute for Justice argued that the IRS lacked the statutory authority to impose the regulations and said they would put tens of thousands of mom-and-pop tax preparers out of business, because the regulations were onerous and create a competitive disadvantage to the attorneys and CPAs who were exempt.

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Obama’s Second Term: More Congress End-Run?

photo credit: adam glanzmanA big unknown for President Obama’s second term is whether he will find a way to work with Congress or continue to push the limits of executive power.

The clearest signal may come before the year-end fiscal cliff: Obama said Friday he was “open to compromise,” but insisted on tax hikes on the rich. That may hurt chances for cooperation.

Obama’s last two years butting heads with the GOP House led him to increasingly focus on executive branch actions that cut Congress out of the loop.

Some analysts predict another end-run soon with a recess appointment that would open the door to principal write-downs on government-insured mortgages.

Two moves, in particular, this year have stretched executive power and touched off disputes as to whether Obama had exceeded his constitutional authority.

Read more from this story HERE.