The IRS said it is working with the Department of Justice to consider how to proceed. There are estimates that the agency may have to refund as much as $245 million in fees. It is considered likely the decision will be appealed. The IRS said information will be provided on its Tax Pros page.
It is the latest step in litigation over the IRS' attempt to regulate tax preparers. In 2013, the same court threw out IRS regulations that required non-credentialed tax preparers to undergo testing and take continuing education courses. That ruling left the PTIN requirements in place.