The IRS plan to require tax preparers be regulated was thrown out by a federal court early in 2013 and an appeal court agreed later the agency lacked the authority to enforce such regulations. CPAs, Enrolled Agents and tax attorneys were exempt from proposed requirements for competency testing and mandate education courses. However, the court rulings let the PTIN requirements stand, following the litigation brought by another group of preparers.

This year, the IRS began rolling out a voluntary plan for education and registration. That is being contested in court by the American Institute of CPAs, which says the IRS also lacks the authority to implement those procedures.

In the latest case, the plaintiffs are arguing that only a small portion of the PTIN fees are being used for that process and that the remainder are going to other IRS activities and therefore represent an illegal tax.