Internal Revenue Service's Use of Circular 230 Essay

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Internal Revenue Service's Use of Circular 230 to Regulate Tax Preparers

An oft repeated maxim in American history states sardonically that "in this world nothing can be said to be certain, except for death and taxes" (Franklin, 1840), and under the modern statutes of federal tax code that observation has never been more prescient. With taxes imposed by local, state and federal governments throughout the entirety of our natural lives, Americans living in 2012 may be facing the most extensive excises ever levied by one nation on its citizenry. Considering the dreaded annual income tax, the sales taxes added to the cost of consumer goods, and property taxes attached to home valuations, the average person is compelled to contribute thousands of dollars annually to support the revenue shortages of a mismanaged federal government. Even the choice to gift a sum of money to your child, spouse or lifelong friend, perhaps to secure their secondary education or support a budding business venture or, is a taxable act under Title 26 of the United States Code, the Internal Revenue Code. One might suppose that this insufferable series of forced taxes would finally cease upon the end of life, but incredibly, the policy of estate taxation assures that even after we have departed this realm, the wealth we have accumulated is subject to garnishment by the Internal Revenue Service (IRS). Considering the sheer amount of taxes Americans already pay during the span of their lifetimes, and the voluminous amount of paperwork prepared by Certified Public Accountants (CPAs), Enrolled Agents (EAs) and other recognized tax preparation specialists, it is eminently reasonable for the Internal Revenue Service (IRS) to suspect that a certain level of manipulation, fraud and deception is embedded within a percentage of American tax filings.

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To this end, the IRS has issued a set of regulations and directives for tax preparers known as Circular 230, which "contains rules governing the recognition of attorneys, certified public accountants, enrolled agents, and other persons representing clients before the IRS relating to authority to practice before the IRS … and the duties and restrictions relating to such practice" (2011).

Although the majority of Americans view tax season as an annual burden that is more bother than benefit, America's ascendancy to the realm of undisputed superpower was fueled by the willingness of its citizens to contribute as individuals for the sake of the whole. For many, however, tax preparation can become a dreadful experience defined by ignorance of the law and inexperience with financial matters, and every April millions of unsuspecting Americans are duped by duplicitous tax preparation services. By manipulating the information entered into an individual's tax forms, or neglecting to inform a client about possible refunds and other benefits that they are rightfully due, nefarious tax preparers can easily defraud the unsophisticated taxpayer out of thousands of dollars, inflicting dual damage on both the individual victim's pocketbook and the federal government's coffers. With the recent national recession reminding the IRS and individual taxpayers alike that disposable income is a luxury to be treasured, revisions made to Circular 230 have been made to tighten regulations on unethical tax preparation experts, and to reduce the risk posed by negligent and unqualified tax preparers. As recent testimony delivered to the U.S. House of Representatives, during a meeting of the Committee on Ways and Means' Subcommittee on Oversight, Representative Jim Ramstad expressed the….....

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