Tax Court Lawyers in Niles
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 Niles, 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 Niles, Illinois
Any legal issue that concerns federal taxes in Niles, Illinois, 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 typically 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.
Federal tax courts are presided over by judges who are appointed by the President of the United States. These judges serve 15-year terms. Judges whose terms expire are routinely re-appointed by the sitting President, so most tax court judges effectively serve for life.
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 Niles, 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 Niles, Illinois Tax Attorney?
As mentioned earlier, federal law lets some non-attorneys practice before U.S. Tax Courts. But tax law can be extremely intricate, 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.
So, if you plan on going to tax court, it should go without saying that you should hire a Niles, Illinois 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.