Tax Court Lawyers in Southampton
Tax courts are legal forums meant to decide legal disputes that have to do with federal or state tax law.
Almost all legal contentions having to do with federal taxes are resolved in the U.S. Tax Court, which has at least one courthouse in every state, and many courthouses in each of the larger states. This means that there is almost certainly a tax court in, or within a reasonable distance of, Southampton, Massachusetts.
Federal tax court is the place to litigate all disputes arising out of tax law, if the relevant tax obligations has not already been paid. While other federal courts, such as the U.S. District Court or the Court of Federal Claims, can hear tax matters, they can only hear tax cases after the tax has been paid.
Tax Court Procedure in Southampton, Massachusetts
Any legal issue that concerns federal taxes in Southampton, Massachusetts, 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 normally 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.
The judges who preside over U.S. Tax Courts are appointed by the President. They serve terms of 15 years. When their terms expire, the vast majority of these judges are simply re-appointed by whichever president is in office at the time, so most tax court judges effectively serve for life, or until they retire.
Tax courts in the U.S. have a few unique features. Perhaps most notably, people who are not admitted to practice law in Massachusetts, or in any other jurisdiction, are authorized 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.
Normally, a Southampton, Massachusetts resident will end up in tax court because the IRS has determined that they have not paid all of the taxes that they owe, and has sent them a notice indicating as much. When this happens, the taxpayer has 90 days to file a claim in Tax Court contesting the IRS's allegations. If you believe that the allegations against you are untrue, and wish to fight them, it's essential that you file a claim in tax court within the allotted time period. Otherwise, you could lose your right to challenge that tax bill permanently.
Do I Need a Southampton, Massachusetts Tax Attorney?
Although federal tax court authorizes, under some circumstances, non-lawyers to represent taxpayers, the practice of tax law is extremely complex and specialized. Many attorneys who practice tax law do not practice in any other area.
If you are going to tax court, it should be discernible by now that you should seek the advice and assistance of a good Southampton, Massachusetts 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.