Tax Court Lawyers in Fond Du Lac
Tax courts perform roughly the same function as any other court: they provide a forum to resolve legal disputes in an orderly, fair, and efficient manner. The only difference with tax courts is that they specialize in resolving disputes that have to do with tax law.
At the national level, we have the United States Tax Court, which has locations all over the country. This means that there is an U.S. tax court in or near Fond Du Lac, Wisconsin.
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 Fond Du Lac, Wisconsin
Claims dealing with tax law can come from any dispute that has to do with one's duty to pay taxes in Fond Du Lac, Wisconsin. This normally 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.
In the U.S., tax court judges are appointed by the President of the United States. Unlike judges on most other federal courts, who normally serve for life (or until they retire), tax court judges serve terms of 15 years. But, there is no limit to the number of terms that they are allowed to serve. If a tax court judge has been doing his or her job competently, the President will normally re-appoint them whenever their term expires, effectively giving them life tenure.
Federal tax court is somewhat unique in that individuals who are not licensed attorneys in Wisconsin (or anywhere else) may represent taxpayers before the tax court, as long as they can pass an exam indicating that they have a good understanding of tax law. Licensed lawyers do not need to take this exam to practice before tax court.
Most commonly, a resident of Fond Du Lac, Wisconsin will find themselves in tax court because the relevant tax authority (usually the IRS), suspects that they have not paid all of the taxes that they are required to pay. To initiate a legal action against the taxpayer, the IRS will send them a letter laying out its allegations. Once this is received, the taxpayer has a moderate period of time (about 90 days) to go to the nearest U.S. tax court and respond. If you find yourself in this position, and want to dispute the allegations against you, you MUST file a response in a tax court in a timely manner. If you don't, you can easily lose your right to ever dispute those allegations again.
Do I Need a Fond Du Lac, Wisconsin Tax Attorney?
Federal law authorizes some non-lawyers to represent parties in tax court. However, tax law is a fairly complex 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 Fond Du Lac, Wisconsin tax attorney. While a non-lawyer admitted to practice before tax court may well give you qualified representation, you will have much stronger recourse against a licensed attorney if they negligently botch your case.