Tax Court: Fighting the IRS In Court

If Your Best Solution Is Going To Court…Put An Experienced Tax Attorney On Your Side!

The Bankruptcy and Tax Law Center attorneys focus exclusively on the area of “tax controversy,” which means we’ve dedicated our legal careers to solving tax problems, whether through negotiation or through court litigation.

To reach the quickest, most cost-effective resolution, the majority of taxpayers are better off negotiating a favorable settlement with the IRS rather than incurring the expense of litigation.  In certain cases, though, litigation in federal court benefits clients far more than negotiation.  We strive to thoroughly understand the details of our clients’ cases as early as possible to make the best decision as to which path to follow, negotiation or litigation.  When litigation is preferable, our aggressive, experienced tax litigators fight on your behalf wielding the intricacies of tax law and the complicated rules of the federal courts.

In certain cases, personal income taxes may be discharged in bankruptcy.  The rules for discharge are complicated with numerous requirements.  Discharge works only for personal income taxes, not for Trust Fund Penalties.  The due date for the return must be more than three years before the bankruptcy petition.  The returns must have been filed more than two years before the bankruptcy petition.  The date of assessment of the taxes must be more than 240 days before the date of the bankruptcy petition.  In addition to these requirements, many other rules impact whether taxes may be discharged.  Consult a tax attorney to learn whether you qualify for discharge.

A competent tax attorney should:

  • Evaluate a taxpayer’s entire case to determine which of the four courts authorized to adjudicate tax disputes offers the greatest benefit
  • Perform crucial tax research to determine if there are similar cases that support the taxpayer’s position against the IRS
  • Determine if resorting to court litigation will expose the taxpayer to greater liability than a settlement at the IRS
  • Timely file all required documents within the strict statutory time periods
  • Use negotiating skills to see if a favorable settlement can be reached with government attorneys after the filing of the law suit to avoid the expense of a trial
  • Effectively litigate the case if necessary

When you have a tax problem, hiring a tax attorney makes most sense.  Only tax attorneys can handle your case at the IRS and in the federal courts, should the need for litigation arise.

To find out whether you’ll benefit most from negotiation or litigation, speak with a Bankruptcy and Tax Law Center attorney at 1-800-TAX(829)-6183 or complete our Contact Form.