Sunday, August 22, 2010

IRS 1

Read This Before You Get Ready To Fight The IRS in Court

Anybody who has ever dealt with an IRS issue will tell you that it can be a daunting prospect. The IRS agents are mean robotic people who simply don’t have a heart; well actually they are humans too and like all their brethrens are prone to mistakes. However, of you believe that your claims are absolutely correct and cannot get the IRS agent to see the folly of his deductions you can always take the IRS to court. If you thought hat handling an IRS audit was tough a case will be nightmarish but this may often be the only recourse to not end up paying taxes which are not legitimate. So lets talk about what you need to do hen and how.

You will receive a notice of deficiency if you cannot agree to the resolution provided by the IRS. Once you receive the notice you have 90 days to file a petition against the IRS resolution. It is best to start immediately because no appeals for extensions will be granted after 90 days. Also if you want to have an edge over the IRS and don’t want to pay up the taxes it is recommended that you start working on your petition at jet speed. You can always drag the IRS to the civil court but you will have to pay up your tax liabilities before you make any such move.

The court that handles tax related disputes between the IRS and tax payers known as the US tax court was established in 1923 and has 19 judges. They are all authorities on tax law and their judgment is binding on the IRS as well the tax payers. It is not unusual to see these judges travel across the country to handle tax related litigations.

If your case is associated with tax code technical facts you will want to head to the US Tax Court because these judges are with the tax laws. This is the only legal recourse that is available to the tax payer before the taxes are paid if you want to take the mater to the civil court you will be expected to clear your tax liabilities before the matter is put forth in the court

On the other hand if your dispute concerns fairness of the IRS or a similar ambiguous issue you should take the matter to a civil court. The judiciary retains the authority to order the IRS to issue a refund to the tax payer. In a civil court the decisions is al the sole discretion of the jury who may be more sympathetic to your situation. However, the most highly recommended course of action is to be accurate and diligent when filing your taxes to avoid these arduous and tike consuming legalities. Also ensure that you always furnish authentic and accurate details to the IRS, filing incorrect taxes or concealing information are among the primary reasons that lead to an IRS audit. If you have been diligent with your taxes, there should be no cause for concern and even if the matter goes to US tax court you can be sure that you stand a good chance of winning.

If you are not sure about certain components of your income or are not sure about the tax filing procedure get in touch with an accountant who will be able to guide you correctly. If you believe that you are being wrongly targeted by the IRS do not hesitate to avail the help of a qualified tax attorney. This is not only your right but is also highly recommended if you want to win against the taxman. If you are going to the US tax courts, getting a tax attorney is almost mandatory.

There are several tax attorneys in the Dallas area who are adept at handling US Tax court litigations you can seek their services if you reside in the Dallas area. All you have to do is sift through the yellow pages or look online to find a tax attorney who will help you to resolve your dispute with the IRS.


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