IRS Tax Litigation: Take the IRS to Court
In many instances the IRS acts unreasonably or takes a position that is contrary to what is provided by our tax laws. In other instances the IRS may pursue a taxpayer simply to set IRS-friendly law or to make an example out of the taxpayer.
In these cases it is often necessary to take the IRS to court. In doing so, taxpayers are presented with a number of tax courts to hear their claim.
Filing a petition in court puts the IRS on notice that the taxpayer intends to enforce his or her rights. This also allows the IRS attorneys to review the case. IRS attorneys are often more reasonable than the field level IRS personnel, because ultimately the attorney will be the one that has the present the government’s case in court.
If the field level IRS employees’ assessment or position is tenuous or wrong there is a possibility that the IRS attorney will agree to settle the case in the taxpayers favor, rather than suffer the cost and publicity associated with an IRS court loss. If the case is not settled then the taxpayer is afforded the opportunity to present their case in court. If it becomes apparent that the IRS’s position was not reasonable then the taxpayer may be able to recover penalties and attorneys fees from the government.
An experienced tax attorney can help you determine whether you should take you case to court and which court your case should be filed.
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