A bit of background won't make the dead horse argument seem so silly. Did you know that the Enrolled Agent credential was created by the Horse Act of 1884? Apparently during the Civil War, soldiers were running through the countryside begging, borrowing, and sometimes stealing horses so they could (a) get to battles, and (b ) fight them. After the war the owners who never got their horses back were demanding restitution from the government. There weren't enough lawyers to handle all the cases in a timely manner, plus back in those days attorneys called themselves "esquire" and were thought of as esteemed professionals. They didn't want to mess with missing horse cases. The Treasury Department (this was before the IRS existed) therefore created a new class of professionals who were permitted to represent taxpayers before the US government provided they had specific training to do so. (Before that, only attorneys could do this.) Thus was born the Enrolled Agent credential. The first EAs helped people get paid for their confiscated horses.
Over the past 20 years or so, several bills to regulate tax preparers have passed one or the other house of congress but none passed both. (Maybe one did, but it was vetoed by the President at the time.) I used to follow the hearings on these bills, and there was always strong congressional support for regulation. After years of doing what Congress does best--nothing--the IRS decided to take matters into its own hands and authorize itself to go ahead with regulation. Their argument was that the Horse Act gave it the authority to regulate people who represent taxpayers before it. That is a fact and was not in dispute in the Loving case.
The dispute centered over whether tax return preparation constitutes representation. The IRS unsuccessfully argued that preparing a tax return that is then sent to the agency constitutes representing the taxpayer's intentions to the US government, and the Horse Act gives the IRS the authority to regulate those who do the preparing. The Supreme Court ruled that preparing a tax return does not rise to the level of representation.
The real problem is not incompetent preparers but dishonest ones. Not a week goes by when I don't read about US Justice Dept cases against preparers who ran EITC shops, selling dependents, creating fake Sch Cs, charitable contributions, employee business expenses, etc., each defrauding the government of millions of dollars. I do maybe 500 returns a year, all done to the best of my ability to be true and accurate. One of these shops does 3,000 returns a year, most inaccurate. It doesn't take too many of those shops to dilute my good numbers and make it look like paid preparers are dishonest and idiots. Even ones like me, proudly credentialed under the Horse Act of 1884.