Tax Court Lawyers in Davenport

Tax Court is a legal forum designed particularly to resolve claims and disputes that arise under federal and (sometimes) state tax law.

Usually, legal issues concerning one's requirement to pay their federal income taxes will be resolved in tax court. Because of this, the U.S. tax courts have at least one courthouse in every single state and territory in the U.S., and there are several locations in each of the larger states. This means that there is almost certainly a tax court in or near Davenport, Iowa

The U.S. Tax Court is where disagreements arising under federal tax law are resolved, if the tax debt in question has not already been paid. The U.S. District Court, which is the federal court of general jurisdiction, can only hear tax cases after the tax has been paid. This rule is meant to guarantee that as many tax issues as possible are actually decided in tax court, rather than the overworked District Courts.

Tax Court Procedure in Davenport, Iowa

Claims dealing with tax law can come from any disagreement that has to do with one's duty to pay taxes in Davenport, Iowa. This usually happens when the state or federal tax authorities allege that someone has failed to pay their taxes, and therefore owes the government money. If the taxpayer disagrees, a tax court has to resolve the issue.

In the U.S., tax court judges are assigned by the President of the United States. Unlike judges on most other federal courts, who usually serve for life (or until they retire), tax court judges serve terms of 15 years. But, there is no limit to the number of terms that they are permitted to serve. If a tax court judge has been doing his or her job competently, the President will usually re-appoint them whenever their term expires, effectively giving them life tenure.

U.S. tax courts are distinct in that individuals who are not licensed to practice law in Iowa, or any other U.S. jurisdiction, are allowed to represent clients before tax court. Non-lawyers who want to practice before the Tax Court do have to take an exam demonstrating that they have a good knowledge of tax law. Typically, non-lawyers who practice before the tax courts are experienced accountants. However, licensed attorneys can practice before tax courts without taking the special exam.

Most often, a resident of Davenport, Iowa will find themselves in tax court because the relevant tax authority (usually the IRS), suspects that they have not paid all of the taxes that they are required to pay. To initiate a legal action against the taxpayer, the IRS will send them a letter laying out its allegations. Once this is received, the taxpayer has a moderate period of time (about 90 days) to go to the nearest U.S. tax court and respond. If you find yourself in this position, and want to dispute the allegations against you, you MUST file a response in a tax court in a timely manner. If you don't, you can easily lose your right to ever dispute those allegations again.

Do I Need a Davenport, Iowa Tax Attorney?

As mentioned earlier, federal law lets some non-attorneys practice before U.S. Tax Courts. But tax law can be extremely complicated, and the practice of this area of law is highly specialized - so much so that most lawyers who practice tax law do not practice in any other field.

If you are going to tax court, it should be apparent by now that you should seek the advice and assistance of a good Davenport, Iowa tax lawyer. This is not a knock against the non-lawyers who are licensed to practice before tax court; the vast majority of them are perfectly competent. However, if a licensed attorney seriously mishandles your case, you will have a great deal of legal recourse against them, more so than with a non-attorney.