Tax Court Lawyers in Davidson

A tax court is a venue that allows 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 Davidson, North Carolina.

Tax courts in America handle the vast majority of legal issues that concern federal tax commitments of a person or other legal entity, such as a corporation. There are several procedural rules that are meant to funnel tax issues into tax courts, without strictly requiring them to be heard there. For instance, only tax courts can hear tax cases where the tax in question has not yet been paid. The courts of general jurisdiction - known as the U.S. District Court - can also hear tax cases, but they can only hear tax cases if the disputed tax bill has already been paid.

Tax Court Procedure in Davidson, North Carolina

Any claim dealing with federal tax law in Davidson, North Carolina can end up in tax court. Most often, a dispute ends up in tax court when the government claims that someone has not paid all of the taxes that they are legally obligated to pay. If the taxpayer disputes the factual basis of the allegation, or believes the IRS has misinterpreted the law, U.S. Tax Courts have to determine those issues.

The judges who preside over U.S. Tax Courts are assigned by the President. They serve terms of 15 years. When their terms expire, the vast majority of these judges are just re-appointed by whichever president is in office at the time, so most tax court judges effectively serve for life, or until they retire.

U.S. Tax Courts have one feature that's almost completely distinct in the U.S.: people who are not licensed attorneys in North Carolina, or anywhere else, are allowed to represent clients in Tax Court. This doesn't mean, however, that anyone can walk in off the street and start practicing tax law. Before they can practice before a tax court, non-attorneys have to take and pass a written exam that tests their knowledge of U.S. tax law. People who are already licensed to practice law, on the other hand, can practice before a tax court without taking this test.

Typically, residents of Davidson, North Carolina will end up in tax court because the IRS, or another tax agency, has alleged that they have failed to pay all the taxes that they owe. In the interest of due process, the IRS will send the taxpayer a letter informing them that they owe back taxes. At this point, the taxpayer will have something like 90 days to go to Tax Court to fight these allegations, if they so desire. If you do not file a response within the allotted time, the tax bill will become final, and you will have no legal means to contest it.

Do I Need a Davidson, North Carolina Tax Attorney?

Federal law allows some non-lawyers to represent parties in tax court. However, tax law is a fairly complicated and specialized legal field. Most lawyers who practice tax law do not practice any other area of law, giving you an idea of how specialized it is.

So, if you plan on going to tax court, it should go without saying that you should hire a Davidson, North Carolina tax attorney. While a non-lawyer admitted to practice before tax court may well give you competent representation, you will have much stronger recourse against a licensed attorney if they negligently botch your case.