Tax Court Lawyers in Gainesville
Tax Court is a legal forum designed particularly to resolve claims and disputes that arise under federal and (sometimes) state tax law.
Almost all legal issues having to do with federal taxes are resolved in the U.S. Tax Court, which has at least one courthouse in every state, and several courthouses in each of the larger states. This means that there is almost certainly a tax court in, or within a reasonable distance of, Gainesville, Georgia.
Tax courts in America handle the vast majority of legal issues that concern federal tax commitments of a person or other legal entity, such as a corporation. There are several procedural rules that are meant to funnel tax issues into tax courts, without strictly requiring them to be heard there. For instance, only tax courts can hear tax cases where the tax in question has not yet been paid. The courts of general jurisdiction - known as the U.S. District Court - can also hear tax cases, but they can only hear tax cases if the disputed tax bill has already been paid.
Tax Court Procedure in Gainesville, Georgia
Tax law claims can arise out of any dispute having to do with one's legal requirement to pay their taxes in Gainesville, Georgia. Most often, they occur when the IRS alleges that a taxpayer has not paid all of the taxes that they owe, and the taxpayer disagrees. The court has to resolve this dispute.
Federal tax courts are presided over by judges who are assigned by the President of the United States. These judges serve 15-year terms. Judges whose terms expire are consistently re-appointed by the sitting President, so most tax court judges effectively serve for life.
In the U.S., tax courts have some distinct features. Most interestingly, individuals who are not licensed attorneys in Georgia, or anywhere else, are, in some cases, allowed to represent clients before tax courts. Non-attorneys who practice before tax court are almost always accountants, and any non-lawyer who wants to practice before the U.S. tax court must pass a challenging written exam that tests their understanding of American tax law. Licensed attorneys, however, may practice before the tax court without taking this exam.
Most often, when the IRS sends a Gainesville, Georgia 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 Gainesville, Georgia Tax Attorney?
Although federal tax court allows, under some circumstances, non-lawyers to represent taxpayers, the practice of tax law is extremely complicated and specialized. Many attorneys who practice tax law do not practice in any other area.
So, if you need to go to tax court, for whatever reason, you should seek the counsel of a good tax attorney in Gainesville, Georgia. While a non-lawyer who's licensed to practice before the tax courts may well give you perfectly competent representation, there are still advantages to hiring a lawyer. The main advantage is that lawyers are far more regulated in their profession than most non-lawyers. So, if a tax attorney severely damages your case due to negligence or incompetence, you will have significant legal recourse against them.