14albion
Mary Ann Evans 360x1000
Adam Gopnik 360x1000
Storyparadox1
1defense
Margaret Fuller5 360x1000
299
1confidencegames
9albion
Richard Posner 360x1000
lifeinmiddlemarch1
Maurice B Foley 360x1000
1theleasofus
6confidencegames
499
4albion
Maria Popova 360x1000
Spottswood William Robinson 360x1000
Learned Hand 360x1000
1falsewitness
6albion
8albion'
4confidencegames
3albion
Stormy Daniels 360x1000
Betty Friedan 360x1000
Margaret Fuller1 360x1000
Susie King Taylor 360x1000
1transcendentalist
Office of Chief Counsel 360x1000
1trap
1gucci
7albion
Margaret Fuller 360x1000
AlexRosenberg
1albion
lifeinmiddlemarch2
1lookingforthegoodwar
13albion
Margaret Fuller3 360x1000
Thomas Piketty3 360x1000
Susie King Taylor2 360x1000
1empireofpain
Thomas Piketty1 360x1000
2trap
Margaret Fuller4 360x1000
1lauber
1madoff
Edmund Burke 360x1000
2jesusandjohnwayne
storyparadox3
Lafayette and Jefferson 360x1000
James Gould Cozzens 360x1000
1lafayette
Brendan Beehan 360x1000
George F Wil...360x1000
7confidencegames
Margaret Fuller2 360x1000
LillianFaderman
Anthony McCann1 360x1000
Thomas Piketty2 360x1000
2defense
5albion
11632
1jesusandjohnwayne
2falsewitness
Margaret Fuller 2 360x1000
2confidencegames
2lookingforthegoodwar
Mark V Holmes 360x1000
2paradise
2theleastofus
3theleastofus
2albion
Ruth Bader Ginsburg 360x1000
11albion
3paradise
George M Cohan and Lerarned Hand 360x1000
5confidencegames
Samuel Johnson 360x1000
12albion
10abion
199
2gucci
3confidencegames
Gilgamesh 360x1000
Anthony McCann2 360x1000
2lafayette
399
1paradide
3defense
2transadentilist
storyparadox2
Tad Friend 360x1000

Originally published on Forbes.com on June 9th, 2012

 I kind of admire Jesse E. Brannen, III, although I have to say he could have found a better use for his time and that of the Eleventh Circuit in my humble opinion. He was suing the IRS for $64.25. That is an odd amount, but it is not random. Of course, when somebody is suing for a trivial sum like that, it will usually be a class action. Hey, I’m part of the class – Hoorah. $64.25 is what it costs to get a PTIN. A PTIN is a Preparer Tax Identification Number.
I have to make a confession of wild recklessness here. Beginning with the Tax Reform Act of 1976, people who were preparing tax returns for compensation had to put not only their clients identifying numbers on the return, but also their own. For many years that would be your social security number. PTINs were introduced because of concerns about identity theft. You could still use your social security number, but most people got PTINs, which were free. I never bothered. I don’t know why – just one more thing, I guess. I had a CAF number from the IRS that I had to use when I got a power of attorney. I also reasoned or, perhaps rationalized, that anybody who got their hands on a return I had signed as preparer would be a lot more interested in stealing the taxpayer’s identity than mine. At JBC, we didn’t call ourselves the high net worth group for nothing.
That changed recently. Everybody who is a paid preparer has to get a PTIN. Preparers who are not CPAs or attorneys or enrolled agents will have to pass an exam and meet a continuing professional education requirement (15 hours). Robert Flach, The Wandering Tax Pro is fuming about CPAs not having the continuing professional education requirement. Like CPAs who do returns are just dying to have all of the 40 hours required for their license devoted to FASBs and auditing standards. Anyway, I had to finally break down and get a PTIN. I paid the $64.25, which I probably got reimbursed for, if I remembered to put in for it. Maybe that is the other reason I’m not that excited about being in Mr. Brannen’s class.
His argument was pretty simple. The IRS does not have any statutory authority to charge for PTINs:
Brannen’s sole argument is that the Department of the Treasury exceeded its statutory authority when it began charging fees for issuing and renewing PTINs. He contends that no statute enacted by Congress has provided the Department with that power. According to Brannen, 26 U.S.C. § 6109 provides for PTINs to help the Department identify taxpayers and tax return preparers, and thus helps the Department in its tax collection efforts. He insists that merely issuing a PTIN to a tax return preparer is not enough to justify charging a user fee.
 
That is not the end of the story, though:
Under the Independent Offices Authorities Act, 31 U.S.C. § 9701, agencies are permitted to promulgate regulations that establish a charge for a service or thing of value that the agency provides.
We readily conclude that, under the plain language of  6109(a)(4), the PTIN is issued to tax return preparers for a special benefit. And we readily conclude that the benefit — the privilege of preparing tax returns for others for compensation — is the kind of “special benefit” that qualifies under New England Power. The user fee here clearly confers a benefit which is not received by the general public.
 
Mr. Brennen wants me in his class and the Eleventh Circuit thinks I’m special. That’s worth sixty four bucks and change even if I did forget to put in for it.
You can follow me on twitter @peterreillycpa.