Tax Court Lawyers in Southold

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

Usually, legal issues concerning one's requirement to pay their federal income taxes will be resolved in tax court. Because of this, the U.S. tax courts have at least one courthouse in every single state and territory in the U.S., and there are several locations in each of the larger states. This means that there is almost certainly a tax court in or near Southold, New York

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

Tax Court Procedure in Southold, New York

Tax court claims in Southold, New York can arise from any tax dispute, such as when a taxpayer believes that the conclusions of a tax audit were in error, or that they do not owe as much money as the IRS claims that they do.

U.S. Tax Court judges are assigned by the President. Their terms of office are legally set at 15 years. Nonetheless, the vast majority of tax court judges are simply assigned again when their terms run out, and there is no limit on the number of 15-year terms they can serve. As a practical matter, thus, Tax Court judges effectively serve life terms.

In the U.S., tax courts have some distinct features. Most interestingly, individuals who are not licensed attorneys in New York, or anywhere else, are, in some cases, allowed to represent clients before tax courts. Non-attorneys who practice before tax court are almost always accountants, and any non-lawyer who wants to practice before the U.S. tax court must pass a challenging written exam that tests their understanding of American tax law. Licensed attorneys, however, may practice before the tax court without taking this exam.

Most often, when the IRS sends a Southold, New York 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 Southold, New York Tax Attorney?

Federal law allows some non-lawyers to represent people before U.S. Tax Courts. Nonetheless, the tax laws are very convoluted. In fact, most tax attorneys don't practice any other area of law.

So, if you plan on going to tax court, it should go without saying that you should hire a Southold, New York 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.