The Tax Court: Battling the IRS
51IRS auditors are human, too. Sure, we want to assume that they're cold, merciless people, and some of them may seem like that sometimes. But more essentially, they're humans who can also make errors. In the cases and circumstances where they may be making an error but simply won't consider the truth and proof that you present to them, you may have no other option than to take the IRS to court and fight for what's right. So now what? Where do you take them? How do you achieve it? Will this cost you money?
If, for whatever reason you cannot agree to a resolution with the IRS, then you'll eventually get what is called a Notice of Deficiency. This pretty much tells you that you have 90 days to file a petition with the correct court to combat the resolution. This specific court is the Tax Court. This is highly vital because you have no options after ninety days. You cannot appeal, and you cannot request for an extension. The IRS will win. You will have to settle your tax debt. You can sue and get a refund later, but only after the tax liability is settled. So when you receive that Notice of Deficiency, make sure you act upon it at once. You have to file a petition declaring that you do not agree with the IRS auditor's findings.
In 1923, the U.S. Tax Court was established. The 19 judges that comprise it are all authorities in tax law. They periodically travel across the country to handle tax litigation. If the IRS made a mistake, these judges have the last verdict.
Numerous people choose to take their case to the U.S. Tax Court because it's 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 need to be paid first before the case can be heard. For those who are not able to pay their tax liability, they won't be able to be seen at any of the other courts. This is also the court you want to handle your case if you're basing your case on technical facts and details of the tax code. These nineteen judges fully grasp the nitty gritty details of the tax law and are actually considered the authority in many IRS issues.
If your case is about the fairness of the IRS or something ambiguous like that, it's more appropriate to get it heard by the U.S. District Court, instead of the Tax Court. A jury of your peers will make the verdicts, and they will be more likely to relate. Tax disputes are also addressed by other courts. But it's still best to prevent IRS issues altogether, so file your taxes the proper way.
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