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Fighting the IRS in Tax Court
By Darrin Mish
IRS auditors can make mistakes because they are still people. If they don't own up to those errors, you might need to battle them in court. How will you do this? Is there a price you need to pay? A Notice of Deficiency will be served if you can't agree with the IRS on a resolution. You are basically informed that you can file a response in the Tax Court against the resolution within ninety days. After 90 days, you can no longer appeal or request for an extension, so it is best to act immediately, or else the IRS will win and you'll have to pay your tax debt. You'll have to pay the tax debt, though you can still sue and receive a refund later. The bulk of taxpayers in the United States opt on bringing the case before the U.S. Tax Court. This court was created in 1923 and actually consists of nineteen judges. They routinely travel all over the country to address tax cases. This court is specifically for tax litigation and the judges are tax authorities. These judges have the final verdict on any case that is brought before them. The U.S. Tax Court is the only court that will address your case before you pay the questioned taxes, that is why numerous people choose it. All of the other courts make it a requirement that the taxes are first paid before the case can be heard by the court. Those who cannot pay their tax debts won't get the advantage of the courts. This is also the court you wish to handle your case if you're basing your argument on technical facts and details of the tax code. These 19 judges fully grasp the small and minute details of the tax law and are effectively seen as the authority in most IRS issues. Your case is best heard by the U.S. District Court rather than the Tax Court, though, if it is something ambiguous like the IRS's fairness. A jury of your peers will make the decisions, and they will be more likely to sympathize. Other courts also handle tax disputes. But it's still best to prevent IRS issues entirely, so prepare your taxes the proper way.
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