Tax Court Lawyers in Kankakee

Tax courts are legal forums meant to decide legal disputes that have to do with federal or state tax law.

At the federal level, there is the United States Tax Court, which has courthouses all over the country, including one in or near Kankakee, Illinois.

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 authorizing 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 Kankakee, Illinois

Tax law claims can arise out of any conflict having to do with one's legal obligation to pay their taxes in Kankakee, Illinois. 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.

In the U.S., tax court judges are appointed 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 allowed 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 unique features. Perhaps most notably, people who are not admitted to practice law in Illinois, or in any other jurisdiction, are permitted to represent clients in tax court. However, non-lawyers must take, and pass, a fairly difficult 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 Kankakee, Illinois 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 Kankakee, Illinois Tax Attorney?

Although federal tax court permits, under some circumstances, non-lawyers to represent taxpayers, the practice of tax law is extremely intricate and specialized. Many attorneys who practice tax law do not practice in any other area.

If you have to go to tax court for whatever reason, you should almost certainly speak with a knowledgeable tax attorney in Kankakee, Illinois. Even though some non-lawyers are technically permitted to represent you in tax court, there are distinct advantages to hiring a lawyer, even if a non-attorney can provide you with competent representation. The main advantage is the fact that all attorneys are tightly regulated by their state bar associations, and if they botch your case, you may have more legal recourse against an attorney than you would against a non-attorney.