Tax Court Lawyers in Smithville

A tax court is a venue that authorizes legal disputes relating to taxes to be resolved in an orderly, efficient manner.

At the federal level, there is the United States Tax Court, which has courthouses all over the country, containing one in or near Smithville, Missouri.

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 really decided in tax court, rather than the overworked District Courts.

Tax Court Procedure in Smithville, Missouri

Any legal issue that concerns federal taxes in Smithville, Missouri, 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 obligated 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.

Tax courts in the United States are presided over by judges who are assigned by the President. Unlike most other federal judges, who serve for life, judges on the U.S. Tax Court serve 15 year terms. Nonetheless, they can serve an endless number of these terms, and if they do their jobs competently, they are almost always re-appointed when their terms are up, meaning that the vast majority of them effectively serve for life.

U.S. tax courts are distinct in that individuals who are not licensed to practice law in Missouri, or any other U.S. jurisdiction, are authorized 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 understanding of tax law. Usually, non-lawyers who practice before the tax courts are experienced accountants. However, licensed attorneys can practice before tax courts without taking the special exam.

Usually, when the IRS sends a taxpayer in Smithville, Missouri a notice of deficiency, indicating that they owe back taxes, the taxpayer has 90 days to file a claim in federal tax court to dispute this notice. If a claim is not filed in a timely manner, the taxpayer could lose his or her right to contest the tax bill at issue.

Do I Need a Smithville, Missouri Tax Attorney?

Although the law lets certain non-lawyers represent parties before tax court, tax law is very complicated 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.

If you find yourself in a situation where you think you'll have to go to tax court, you should consult with a reliable tax lawyer in Smithville, Missouri as soon as possible. Non-lawyers are allowed to represent you in tax court, and most of them are perfectly competent. However, there are significant advantages to having a lawyer represent you, as opposed to an accountant or other non-attorney. Primarily, lawyers are regulated by the bar association of whatever state they're licensed to practice in, and if a lawyer handles your case incompetently, you will have considerable legal recourse against them, through both the courts and the state bar