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PATAX
Level 12
March 3, 2024
Solved

Ode to BOI/CTA

  • March 3, 2024
  • 4 replies
  • 31 views

I shall not lie, with a smile I must say goodbye, to thee BOI, I shall not cry; What great news today, that I heard about CTA, a passing away, hooray hooray!

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Best answer by sjrcpa

Don't get too excited yet. As indicated in the thread I started, the gov't will most likely appeal.

4 replies

sjrcpa
sjrcpaAnswer
Level 15
March 3, 2024

Don't get too excited yet. As indicated in the thread I started, the gov't will most likely appeal.

The more I know the more I don’t know.
PATAX
PATAXAuthor
Level 12
March 3, 2024

@sjrcpa Sue, this reminds me of the case years ago when they were going to subject non credential preparers to testing. Everyone thought it was a sure thing, until that group shocked everybody and had it stopped via a court victory. And it was upheld! I think the same thing is going to happen here. They are overstepping. 

sjrcpa
Level 15
March 3, 2024

We'll see, won't we?

The more I know the more I don’t know.
Jim-from-Ohio
Intuit Community Champion
March 3, 2024

that would be incedible as I would have to go through my client list and let everyone know.. I know there is a query for Schedule C but it's not that easy.. some LLCs are schedule Es.. and on top of that all my regular entity returns. it would take my days.. non-billable time!. i hope this does indeed go way. 

PATAX
PATAXAuthor
Level 12
March 3, 2024

@Jim-from-Ohio @sjrcpa @ironman Did you notice that in both aforementioned cases that the entities that brought forward the legal action ( that paid for the legal representation and/or volunteered for it) I believe both were apparently NON tax preparer organizations, IE they were not CPA organizations or EA organizations or tax professional organizations. Hmmmm.

BobKamman
Level 15
March 3, 2024

@PATAX  The plaintiff they hunted down in Huntsville is a real estate agent.  The organization paying for the litigation is headquartered in Ohio, but they're smart enough to know where to shop for a friendly judge.  Even, for a friendly circuit court of appeals.  But those judges will ignore how the newbie judge trying to make a name for himself goes on and on about the Commerce Clause, when that's not the peg the government hangs its hat on.  It's national security and foreign relations -- we have to do it in order to cooperate with other countries that are doing it -- and tax administration.  The plaintiffs even admitted that they would fail if the only reason was taxes.  The judge says, "you win if that's the only reason, but not if that's just one of the reasons."  Not too bright.  

BobKamman
Level 15
March 3, 2024

This does not remind me of a case involving an 1884 statute enacted during the Chester Arthur administration.  But I'll let the Department of Justice argue the appeal.  They'll win, but enjoy winning the battle before losing the war.  

PATAX
PATAXAuthor
Level 12
March 3, 2024

@BobKamman come on Bob, don't be a party pooper! 😀

IRonMaN
Level 15
March 3, 2024

Don't count your chickens before they fry.............. or is it before they cross the road..................oh - now I remember -------before they fly away.   Wait, wait, wait ------------------ don't count your chickens before they hatch.  If you are hoping for this thing to really die, you should be hoping the government uses the same lawyers that couldn't make the preparer regulation stick.  

Slava Ukraini!
PATAX
PATAXAuthor
Level 12
March 3, 2024

I got all my country grown brown eggs counted and ready to fry, with some peppers and onions and cheese and home fries! My oh my it's going to be good!