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Understanding claims at the US Tax Court

On Behalf of | Jun 3, 2022 | Tax Court Litigation

If you’re like most Americans, you probably dread tax season. Filing your federal taxes can be a daunting task, and if you’re audited, it can be even worse. However, what if you think the IRS is wrong about your tax bill? What if you believe that they are trying to tax you unfairly? In this case, you may need to take legal action and bring your case before the U.S. tax court.

When should you bring your case before the tax court?

If you disagree with the IRS about your federal tax liability, you have the right to file a petition with the tax court. This is generally done after you have received a notice from the IRS about their proposed changes to your tax return. You must file your petition within 90 days of receiving this notice.

You may also file a petition if you believe that the IRS has improperly applied tax law, if you are trying to get a refund of an overpayment, or if you are challenging the IRS’s denial of an offer in compromise.

What should you bring to tax court?

When you file your petition, you will need to include a statement of facts, as well as any supporting tax litigation documentation. This may include federal tax returns, financial records and correspondence with the IRS. You will also need to file a tax court memorandum, which is a document that outlines your legal arguments.

How does tax court work?

Once your petition is filed, the tax court will schedule a hearing. At this hearing, both you and the IRS will present arguments. The tax court may also ask for additional information or clarification. After considering all of the evidence, the tax court will issue a ruling. If you win your case, the tax court will generally order the IRS to adjust your tax bill accordingly.

Federal tax problems can be complex and confusing, but you don’t have to go through them alone. If you think the IRS is wrong about your tax bill, you may be able to take legal action and bring your case before the U.S. tax court and get any relief you deserve.