Tax Court Lawyers in Des Moines

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

Typically, 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 various locations in each of the larger states. This means that there is almost certainly a tax court in or near Des Moines, 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 directly decided in tax court, rather than the overworked District Courts.

Tax Court Procedure in Des Moines, Iowa

Claims dealing with tax law can come from any conflict that has to do with one's duty to pay taxes in Des Moines, Iowa. This typically 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 typically 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 typically re-appoint them whenever their term expires, effectively giving them life tenure.

Tax courts in the U.S. have a few distinct features. Perhaps most notably, people who are not admitted to practice law in Iowa, or in any other jurisdiction, are permitted to represent clients in tax court. However, non-lawyers must take, and pass, a fairly challenging exam to demonstrate that they have an in-depth understanding of U.S. tax law. If someone is already a lawyer, however, they can practice before a tax court without taking this exam.

Most frequently, when the IRS sends a Des Moines, Iowa 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 Des Moines, Iowa Tax Attorney?

Although the law lets certain non-lawyers represent parties before tax court, tax law is very intricate and often challenging 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 Des Moines, Iowa tax attorney. While a non-lawyer admitted to practice before tax court may well give you skilled representation, you will have much stronger recourse against a licensed attorney if they negligently botch your case.