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The Tax Court: Battling the IRS
By Darrin Mish of Law Offices of Darrin Mish
IRS agents are people who can also commit mistakes. If they do not own up to those mistakes, you might have to fight them in court. How will you do this? How much will it cost you? If you cannot agree with the IRS on a resolution, you will receive a Notice of Deficiency. This basically says that you have 90 days to file a petition against the resolution in Tax Court. After ninety days, you can no longer appeal or ask for an extension, so it is best to make your move right away, or else the IRS will triumph and you will need to pay your tax debt. You might be able to sue them later and receive a refund, but only after you would've paid for the tax liability. The majority of taxpayers in the United States choose on presenting the matter before the U.S. Tax Court. This court was created in 1923 and basically has nineteen judges. They periodically travel across the country to hear tax cases. All of these judges are tax experts, and the court only handles tax litigation. If the IRS is in the wrong, then these judges will be the last verdict on the case, and any other IRS issues that comes before them. Many people opt to take their case to the U.S. Tax Court because it is the only court that will essentially make a decision on your case before you even pay the taxes that are in question. In other courts, the taxes have to be settled first before the case can be heard. Those who cannot settle their tax debts will not receive the advantage of the courts. If you are basing your case on details of the tax code and technical analysis, this is also the court that you would wish your case addressed in. These 19 judges are authorities in IRS problems and understand all the tax law details. But you will not wish to take your case to the U.S. Tax Court if your case is about fairness, equality, or other more ambiguous aspects. The U.S. District Court is more appropriate. Different from the Tax Court, the District Court verdicts are arrived at by a jury of your peers and not by a judge. This court is an appropriate choice when you want the IRS to make an exception to a law, or even make a different interpretation of a law. If you're fighting back against the IRS justly, juries are more likely to be open and receptive. There are some other courts that tax cases can be heard before. However, it is best to avoid an IRS issue altogether by filing your taxes in a way that is not likely to be questioned. |
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