When the IRS Must Pay Taxpayer Attorney Fees
Unlike general civil litigation, tax litigation often does not require expensive court-related costs. As such, taxpayer attorney fees are often the largest expense associated with tax litigation.
Luckily courts often order the IRS to pay for the taxpayer's attorney fees. Moreover, attorneys fees can sometimes be awarded for attorney fees even though the matter was resolved prior to the taxpayer or IRS instituting tax litigation.
To be awarded attorneys fees, taxpayers must be a party who substantially prevails, the taxpayer must not have a net worth more than $2 million at the time that the action was filed (or $7 million in the case of business taxpayers), and an application and list of fees must be submitted within 30 days of the final judgment in the action.
These fees can even be awarded for non-attorney tax practitioners who only handle IRS tax troubles at the IRS administrative level. Unfortunately most (if not all) non-attorney practitioners do not help clients secure payment for their services directly from the IRS (therefore, if you happen to prevail in your claim by using a non-attorney practitioner, you may want to contact a tax attorney to help you recover the non-attorney practitioners costs from the IRS).
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