Tax Litigation Attorney

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Despite the millions of taxpayers who easily file their tax returns on an annual basis and do not give taxes a thought except on April 1st, there are other taxpayers who have experienced substantial disputes with the Internal Revenue Service (IRS) and/or the state taxing authority that led to tax litigation.  Given the complexities of most tax laws, it is wise to immediately engage an experienced tax litigation attorney at the outset of your tax dispute.

Tax Litigation Attorney Qualifications

Generally, a tax litigation attorney is an attorney who has specific experience in tax litigation, or who specializes in tax matters.  If you are dealing with federal taxes, then you will want an attorney who routinely deals with federal taxes and the IRS.  Likewise, if your problem concerns state taxes, you should contact an attorney who is accustomed to dealing with state tax authorities and your state’s tax laws.  You will also want to choose a tax litigation attorney based on the area of tax expertise.  Some tax attorneys may deal almost exclusively with taxes for large corporations, whereas other tax attorneys focus solely on individual taxpayers.

Attorney for Tax Litigation

While tax litigation can result from any number of claims or disputes regarding tax laws, there are some common situations in which tax litigation may arise.  Taxpayers who have had their tax returns audited may wish to challenge the audit reports of the IRS or state tax agency, which can ultimately result in litigation.  Similarly, challenging collection actions by the IRS, such as wage garnishments or seizure of real property, must occur in the courtroom setting following the completion of all available administrative remedies or modes of appeal.  Therefore, the need for a tax litigation attorney may arise in a variety of scenarios.

How Tax Litigation Attorney Helps

Tax litigation attorneys are able to assist not only with traditional court proceedings, but also with administrative proceedings before the IRS and state tax agencies.  Most tax disputes require that you appeal adverse decisions or actions of a tax agency administratively, or before a hearing officer, prior to filing a lawsuit.  An attorney whose expertise is in tax litigation will be familiar with these administrative appeal processes, and prepared to help you present your best case possible to the administrative hearing officer.  While you are not technically required to be represented by an attorney at any level of litigation, in the tax arena or otherwise, having an attorney can make the entire process much easier.

Plus, an experienced tax litigation attorney can ensure that you do not miss deadlines or make other procedural errors that may be fatal to your claim.  For instance, if you do not file a lawsuit in federal court within thirty (30) days of some IRS administrative decisions, you will forever lose your right to further contest the relevant decision in court.  With a tax litigation attorney on your side, you will be assured that all procedural requirements will be followed so as to avoid any risk to your claim.

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