In Uncategorized on 10/08/2016 at 17:27

As Saturdays are off-days for Tax Court, and thus for me, the last thing I was thinking of was a subject for a blogpost today. Just the usual big breakfast and a few chores would do, or so I thought.

Lo and behold, as a late and much-lamented colleague used to say, into my e-inbox falls the shadow.

It’s an e-mail concerning a spinoff of Loving v. IRS, 917 F. Supp.2d 67 (DCDC, 2013) aff’d. 742 F.3d 1014 (CCADC, 2014).

You remember Sabrina Loving unhorsing Doug Shulman and Dave Williams, when they tried the RTRP gambit? Sure you do. Here are my blogposts “Chevon, Mayo — I’m Loving It,” 1/21/13, and “Loving Conquers All,” 2/12/14, which I’m sure you’ve read.

Well, comes now Adam Steele, Brittany Montrois, and their henchman Joseph, heading the class who want their $64.50, $63.00 and $50.00 back, because they claim IRS has no right to mulct us PTINers for that amount (or if they do, it’s too much).

The case is Steele v. USA, Case No. 14-01523RCL. Judge Royce C. Lamberth is on the case in DC Circuit, where Judge Boasberg first put the slug on Doug and Dave.

Though the practitioners filed a year ago August, it took the Court until this past August to sort out the jurisdictional issues, so only now do I get the class action notice.

Check your inbox, practitioner, and join the Motley crew.

Just be aware that if we win,  IRS will tax any recovery if we took the Section 162 deduction for any PTIN fees we paid in past years. Tax benefit rule, y’know, with the mitigation variation.

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