(a) As used in this part, except where the text provides otherwise—
(1) Attorney means any person who is a member in good standing of the bar of the highest court of any state, territory, or possession of the United States, including a Commonwealth, or the District of Columbia.
(2) Certified public accountant means any person who is duly qualified to practice as a certified public accountant in any state, territory, or possession of the United States, including a Commonwealth, or the District of Columbia.
(3) Commissioner refers to the Commissioner of Internal Revenue.
(4) Practice before the Internal Revenue Service comprehends all matters connected with a presentation to the Internal Revenue Service or any of its officers or employees relating to a taxpayer's rights, privileges, or liabilities under laws or regulations administered by the Internal Revenue Service. Such presentations include, but are not limited to, preparing documents; filing documents; corresponding and communicating with the Internal Revenue Service; rendering written advice with respect to any entity, transaction, plan or arrangement, or other plan or arrangement having a potential for tax avoidance or evasion; and representing a client at conferences, hearings, and meetings.
(5) Practitioner means any individual described in paragraphs (a), (b), (c), (d), (e), or (f) of § 10.3.
(6) A tax return includes an amended tax return and a claim for refund.
(7) Service means the Internal Revenue Service.
(8) Tax return preparer means any individual within the meaning of section 7701(a)(36) and 26 CFR 301.7701-15.
(b) Effective/applicability date. This section is applicable beginning August 2, 2011.
[T.D. 9359, 72 FR 54544, Sept. 26, 2007, as amended by T.D. 9527, 76 FR 32300, June 3, 2011]
Notes of Decisions
John Bowman, Jr. v. Kimberly Iddon, 848 F.3d 1034 (D.C. Cir. 2017).
· cites it 4× “The regulation then governing practice before the IRS, Circular 230, defined these groups as “practitioners” and permitted them to act in “all matters connected with a presentation to the [IRS] or any of its officers or employees relating to a taxpayer’s rights, privileges, or…”
Loving v. Internal Revenue Serv., 917 F. Supp. 2d 67 (D.D.C. 2013).
“§ 7701 (a)(36); see 31 C.F.R. § 10.2 (a)(8) (“Tax return preparer means any individual within the meaning of section 7701(a)(36) and 26 CFR 301.”
Wright v. Everson, 543 F.3d 649 (11th Cir. 2008).
· cites it 2× “Since 1998, however, IRS officers and employees often have refused Wright permission to represent clients in matters before the IRS because he is not a “practitioner” as that term is defined by 31 C.F.R. § 10.2 (a). Through counsel, Wright filed a declaratory judgment action…”
Est. of Lennard v. Comm'r, 61 T.C. 554 (Tax Ct. 1974).
· cites it 2× “Whether or not an accountant is deemed to be "independent" in a particular accounting activity for purposes of the established ethics of the accounting profession or as a requirement of certain governmental regulations is not determinative of the employment relationship of the…”
United States v. Heggins, 240 F. Supp. 3d 399 (W.D.N.C. 2017).
“Practicing before the Internal Revenue Service, as that term is defined in 31 C.F.R. 10.2(a)(4); D. Representing any person or entity before the IRS other than himself; E.”
United States v. Cruz, 618 F. Supp. 2d 1372 (S.D. Fla. 2008).
“” 31 C.F.R. § 10.2 (a)(5). This includes corresponding with the IRS and representing a client at conferences, hearings, and meetings.”
Wright v. Everson, 543 F.3d 649 (11th Cir. 2008).
· cites it 2× “Since 1998, however, IRS officers and employees often have refused Wright permission to represent clients in matters before the IRS because he is not a "practitioner" as that term is defined by 31 C.F.R. § 10.2 (a). Through counsel, Wright filed a declaratory judgment action…”
109oag32 (Md. Att'y Gen. 2024).
“But at least some aspects of CPA tax practice are expressly authorized both by Maryland law, see BO&P § 21-102(b)(1), and (at least as to federal taxes) by IRS regulations, see 31 C.F.R. §§ 10.2 (a)(4), 10.3(b). Also, CPAs’ tax practice activities have a decades-long history,…”
Sicignano v. United States, 127 F. Supp. 2d 325 (D. Conn. 2001).
“See Treasury Department Circular 230 (1922); see also 31 C.F.R. § 10.2 (a) (1983) (“Practice before the Internal Revenue Service comprehends all matters connected with presentations to the Internal Revenue Service .”
— 31 C.F.R. § 10.2(a)(4) — 1 case
United States v. Heggins, 240 F. Supp. 3d 399 (W.D.N.C. 2017).
“Practicing before the Internal Revenue Service, as that term is defined in 31 C.F.R. 10.2(a)(4); D. Representing any person or entity before the IRS other than himself; E.”
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