Tax Litigation Services
Sometimes, a tax dispute cannot be resolved with the Internal Revenue Service or Department of Revenue. Even if you go through all the proper procedures and have great representation, the matter sometimes does not get resolved in your favor. At that point, you are faced with a choice, either take the loss or take it to the next level. Litigation allows you to take the dispute out of the hands of the IRS, DOR, or other taxing authorities and go before a judge. United State Tax Court judges are experts in tax law and only handle cases involving tax issues. This can be a great way to protect your rights and get a better result. The Tax Court meets in select areas around the country, including Atlanta, GA; Washington, DC; New York, NY; and many others. A tax attorney at our law firm can help you throughout this process.
What Type of Cases We Litigate
Our tax attorneys litigate all types of tax issues in Tax Court and before the Georgia Tax Tribunal.
This can include the following issues:
- IRS Notice of Deficiency
- Cryptocurrency tax audits, litigation, and reporting
- Payroll tax and Trust Fund Penalties
- Innocent Spouse Claims
- United State Tax Court Cases
- Georgia Tax Tribunal Cases
- Individuals with IRS or state income tax audits, assessments, and deficiencies
- Businesses with corporate income tax, payroll tax, or sales tax disputes
- Research & Development Tax Credit audits and disputes
- Employee Retention Credit audits and disputes
- IRS Tax refund claims
- Internal Revenue Service Notice of Determination
- State tax audits
- IRS Tax Disputes
Even if your type of case is not listed above, our law firm can help you. We litigate all types of tax cases. We are admitted to the United States Tax Court and Federal District Court. Whether you have a business tax or individual tax issue, our tax lawyers and tax attorneys can help.
What Should You Expect When Filing a Case in Tax Court?
The window to file a court case in the United States Tax Court is limited. Once you receive a Notice of Deficiency or 90-Day Letter, you only have 90 days to file your case. If you do not file the case during that time period, you will be blocked from doing so in the future. However, to file in Tax Court, you do not have to pay the tax yet; you can wait to see the outcome of the case before needing to pay (although interest will continue to accrue if you do not win). Your case should detail what you think the IRS got wrong and why. Documentation is not necessary at this point; that comes later.
Once you file your case, the United States government will assign a tax attorney to the case that will be responsible for representing the IRS. That lawyer will file a response to your case, likely denying that the IRS did anything wrong.
Next, the case will be assigned to an Appeals Officer. This person is an IRS employee that works in the IRS Appeals Office, an independent section of the IRS. The Appeals Officer will review the case and may offer a settlement. Working with the Appeals Officer is a great chance to settle your case favorably without the effort and expense of a full trial.
If you are not able to reach a settlement, then the case will go back to Tax Court. Much like in a normal case, there will be time for motions, preparing witnesses, and collecting documentation. There will be several deadlines leading up to the actual trial that it is important for you to meet.
The trial is held by a Tax Court judge, a judge who only handles tax cases. There is no jury here. The judge will hear the case and make a ruling. Hopefully, your day in court will give you a good result!
How Can I Help You?
As a tax attorney, my law firm can help you through the entire process. After reviewing the original Notice of Deficiency, we will draft and file the petition with the Tax Court. Once the government assigns a tax attorney to the case, we will work with them to make sure you get the best result and tax relief that you can.
We will represent you during the IRS Appeals process and present your case and try to reach a settlement that is favorable for you.
If we have to go to trial, we will make sure everything and everyone is prepared so that on the day of trial, there are no surprises for you, and we have the strongest chance of success. Throughout the process, we will make sure that you know what is happening and what the next steps are. It is our priority to get you the best result, which may be a quick settlement or going through the entire litigation process. At every step, we will make sure that you are aware of your options and can make an informed decision so that you can get the tax relief you deserve.
If you have received a notice or letter from the IRS or Georgia, call us now!
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