Tax Court Lawyers in Jackson
Tax Court is a legal forum designed specifically to resolve claims and disputes that arise under federal and (sometimes) state tax law.
At the national level, we have the United States Tax Court, which has locations all over the country. This means that there is a U.S. tax court in or near Jackson, Alabama.
The United States Tax Court handles most legal disputes that have to deal with federal, as opposed to state, taxes. These are not courts of "general jurisdiction" (courts that hear the vast majority of civil and criminal cases). Tax courts are able to hear cases where the tax bill in dispute has not yet been paid (effectively permitting a court to rule on the validity of a tax bill before the taxpayer pays it). The courts of general jurisdiction in the U.S. (called the U.S. District Courts) can only hear tax cases if the tax bill has already been paid.
Tax Court Procedure in Jackson, Alabama
Any legal issue that concerns federal taxes in Jackson, Alabama, or anywhere else in the U.S., can go to tax court. It's most often the case that the IRS initiates legal action against a taxpayer, alleging that they have failed to pay all of their required taxes, or are delinquent in some other way. The taxpayer normally has 90 days to respond, which initiates adversarial tax court proceedings. Failing to respond may result in the taxpayer forfeiting their rights to contest the allegations against them.
Tax courts in the United States are presided over by judges who are appointed by the President. Unlike most other federal judges, who serve for life, judges on the U.S. Tax Court serve 15 year terms. However, they can serve an unlimited number of these terms, and if they do their jobs competently, they are almost always re-appointed when their terms are up, meaning that the vast majority of them effectively serve for life.
Federal tax court is somewhat unique in that individuals who are not licensed attorneys in Alabama (or anywhere else) may represent taxpayers before the tax court, as long as they can pass an exam indicating that they have a good understanding of tax law. Licensed lawyers do not need to take this exam to practice before tax court.
Most commonly, when the IRS sends a Jackson, Alabama resident a "notice of deficiency," which alleges that they owe back taxes, the taxpayer has 90 days to go to tax court, and file a claim in tax court to fight this allegation. If you don't file this claim within the allotted time, you can lose your right to dispute the tax bill in question, in any forum, permanently.
Do I Need a Jackson, Alabama Tax Attorney?
Although the law lets certain non-lawyers represent parties before tax court, tax law is very complicated and often difficult to understand - to the point that almost all attorneys who practice tax law practice it exclusively, simply because maintaining competence leaves little time to learn any other area.
So, if you plan on going to tax court, it should go without saying that you should hire a Jackson, Alabama tax attorney. While a non-lawyer admitted to practice before tax court may well give you qualified representation, you will have much stronger recourse against a licensed attorney if they negligently botch your case.