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Suit challenges federal licensing of tax preparers
Topics |
2012/03/12 19:48
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After three decades as a part-time tax preparer, 80-year-old Elmer Kilian of Eagle, Wis., is concerned that new IRS regulations may prevent him from hanging out his shingle.
Kilian is one of three plaintiffs in a federal lawsuit by a libertarian legal center this week that challenges new licensure requirements for hundreds of thousands of tax preparers across the nation.
The IRS says the new regulations, more than two years in the making, are needed to ensure that taxpayers who hire tax preparers get high-quality service. The regulations require most paid tax preparers to pass a federal competency exam and take ongoing continuing education courses to keep up with changes in tax laws.
But the Arlington, Va.-based Institute for Justice, which expects to file the lawsuit Tuesday in Washington on behalf of Kilian and two others, say the IRS lacks the statutory authority to require these kinds of licenses without congressional authorization. The new rules are bad policy, the institute contends, that put mom-and-pop tax preparers out of business and give unfair advantages to lawyers and certified public accountants, who are exempt from many of the licensing requirements.
"The likely result of these regulations is less options for consumers and higher prices," said Bob Ewing, a spokesman for the institute. The nonprofit law firm has filed numerous legal challenges against government regulations, including local licensing requirements for professions from hair braiders to yoga teachers and federal rules against paying bone-marrow donors. |
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Apple's market clout likely to draw more scrutiny
Topics |
2012/03/12 19:48
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In everything it does, from product design to business deals, Apple strives for as much control as possible.
But as the world's most valuable company sets out to define and dominate the rapidly evolving markets it created with the iPhone and the iPad, Apple is likely to face antitrust regulators who want to curb its power.
Apple's clout is coming under scrutiny as the U.S. Justice Department considers filing a lawsuit against the company and five U.S. publishers on allegations they orchestrated a price-fixing scheme on electronic books.
The involved parties are trying to avoid a high-profile court battle by negotiating a settlement, according to The Wall Street Journal. The newspaper broke the news last week about the government's plans to allege that Apple Inc. and the publishers tried to thwart e-book discounts offered by Amazon.com Inc. and drive up prices since the 2010 release of the iPad.
"I think this might be a bit of a wake-up call for Apple," says Ted Henneberry, an antitrust attorney for the Orrick law firm in Washington. |
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Judge tosses law firm's lawsuit on ownership
Topics |
2012/03/12 19:48
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A Manhattan federal judge has dismissed a lawsuit challenging a New York rule banning law firms from selling ownership stakes to non-lawyers.
The suit was filed by the personal injury firm Jacoby & Meyers.
The firm said the rule violated its First Amendment freedom-of-association rights.
It claimed that the rule preventing non-lawyers from owning stakes in law firms hindered its ability to raise capital to cover technology and expansion costs. It also said it hurt its ability to provide legal services to working class clients.
According to the Wall Street Journal, the judge found that Jacoby & Meyers' ability to raise money from non-lawyers would still be restricted by other New York laws even if he struck down the rule. |
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Livingston hires law firm to defend Gustav lawsuit
Law Firm News |
2012/03/12 19:48
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The Livingston Parish Council is hiring private lawyers to defend the parish against a $52 million lawsuit filed by an Alabama company that spearheaded clean-up efforts after Hurricane Gustav struck in 2008.
The Advocate reports the council retained the McGlinchey, Stafford PLLC law firm to begin a preliminary review of the case.
After Gustav struck in September 2008, IED Inc. was placed in charge of clearing storm debris from Livingston Parish roads and waterways.
The council expected the Federal Emergency Management Agency to cover the costs. But after FEMA refused to pay about $52 million billed for the work, IED filed a lawsuit against the parish.
www.theadvocate.com |
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