Experience With Complex Tax Litigation

At the conclusion of an IRS audit, individuals and businesses may find that the results are drastically unfavorable to them. Those who have exorbitant IRS tax debts, have been accused of tax fraud, or have corporate tax issues may come to learn that these problems can take a long time to resolve. The more time passes, the more your financial issues may compound. There are several reasons why it may be necessary to sue the IRS and our attorney at Morgan Sebastian Law, PC can help advise and represent you with these tax disputes.

Tax litigation involves suing the IRS in court. While it’s a significant undertaking, it is sometimes the best option for taxpayers who owe such large sums that they cannot realistically expect to satisfy their debts. Our attorney  provides aggressive legal representation for clients facing disputes with state and federal tax authorities such as:

• • The IRS
  • The California Department of Tax and Fee Administration
  • The California Franchise Tax Board

Taxpayers who choose to sue the IRS typically do so after receiving the distressing results of an audit. When these results present a significant burden, tax litigation can be a good choice.

When Should I Speak With An Attorney About Tax Litigation?

If you’re being audited by the IRS over unpaid taxes, tax litigation may be in your future. If you have been audited based on incorrect information that led the tax agencies to arrive at a false conclusion of your actions, any assessment of additional tax penalties and interest will be inaccurate. In this situation, tax litigation is the ideal choice for clearing your name.

Tax litigation is often a better path than mediation. If you’re invited to enter into fast track mediation with the IRS, it’s advisable to decline. In mediation, the taxpayer must convince the other party that the auditor got the facts of the case wrong and/or applied tax laws incorrectly. The auditor and their manager will defend their actions to protect their reputation.

On the other hand, taxpayers who choose to sue the IRS with a tax court petition will be able to argue their case with an appeals officer without the auditor and the auditor’s manager present. Appeals officers, unlike auditors, are generally not emotionally invested in the outcome of a taxpayer’s case. In tax court – which is not tied to the IRS – you’re given the opportunity to argue in front of an impartial judge that the IRS is not treating you fairly. There is no jury. In these matters, the plaintiff is the taxpayer and the IRS is the defendant.

Overall, taxpayers who owe a substantial sum may have a better chance of achieving a successful result through litigation. If you and your tax lawyer disagree with the findings of an IRS audit, tax litigation may be a viable option.

The Challenges Of Tax Litigation

When entering tax litigation, there is a high burden of proof on the taxpayer. Taxpayers will need extensive and credible evidence that proves the IRS did not behave appropriately when they conducted an audit. If you believe an IRS audit got the facts wrong about your tax situation, you will need a skilled tax lawyer lto defend you. Lawyers who resolve tax disputes know how the IRS functions and are prepared to tackle complex legal matters.

There are high stakes when taking on the IRS through tax litigation. It’s imperative to trust an attorney to draft and file the tax court petition; if it’s done carelessly, you could lose significant rights. Attorneys – not CPAs, EAs, or CTEC certified tax preparers – can successfully represent you in tax court. A reputable tax litigation lawyer who does not believe that litigation will provide a significant benefit to the taxpayer should not recommend this strategy.

Contact A Tax Litigation Lawyer Today

Individuals and business owners with a significant tax burden may understandably stress over the impact this burden will have on their lives. Protect what you’ve worked so hard to achieve by seeking a consultation with an experienced tax litigation lawyer. Our attorney at Morgan Sebastian Law, PC, is an experienced tax lawyer who can help you achieve a viable resolution possible for your tax troubles. We are results-driven and eager to help you craft the right strategy for your situation. Call our office in Orange, California at 877-938-1350 to schedule a consultation or complete our contact form.