Tax Court Lawyers in Shaker Heights

Tax Courts serve the same purpose as any other court: they're there to resolve legal disagreements in a fair and orderly fashion. Tax courts are simply specialized to oversee tax disputes.

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

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

Tax Court Procedure in Shaker Heights, Ohio

Claims dealing with tax law can come from any conflict that has to do with one's duty to pay taxes in Shaker Heights, Ohio. This typically happens when the state or federal tax authorities allege that someone has failed to pay their taxes, and therefore owes the government money. If the taxpayer disagrees, a tax court has to resolve the issue.

Federal tax courts are presided over by judges who are assigned by the President of the United States. These judges serve 15-year terms. Judges whose terms expire are consistently re-appointed by the sitting President, so most tax court judges effectively serve for life.

In the U.S., tax courts have some distinct features. Most interestingly, individuals who are not licensed attorneys in Ohio, or anywhere else, are, in some cases, permitted 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 frequently, when the IRS sends a Shaker Heights, Ohio 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 Shaker Heights, Ohio Tax Attorney?

Federal law permits 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 need to go to tax court, for whatever reason, you should pursue the counsel of a good tax attorney in Shaker Heights, Ohio. While a non-lawyer who's licensed to practice before the tax courts may well give you perfectly competent representation, there are still advantages to hiring a lawyer. The main advantage is that lawyers are far more regulated in their profession than most non-lawyers. So, if a tax attorney severely damages your case due to negligence or incompetence, you will have substantial legal recourse against them.