Use a Lawyer or Accountant in Tax Court?

Many people do not really understand the difference between a tax attorney and an accountant. Of course many understand that the educational requirements are different for both professionals. However, do tax attorneys understand the tax code better than accountants?  Who can get you the most write-offs and deductions?  In order to gain a better understanding of both professionals, the information provided below will help.

The Differences Between a Tax Lawyer and an Accountant

Attorneys are trained to interpret statutory codes and case law. Through their legal writing skills and litigation experience, they then use their interpretations to advocate for their client’s tax issues.

Accountants, on the other hand, focus more on financial planning. They read and study tax regulations and codes to develop financial strategies and advise their clients as so.

The Similarities Between a Tax Lawyer and an Accountant:

Both these professionals strive to provide their clients with excellent tax advice and planning strategies. Individuals and businesses seek their services. In fact, the Tax Court also allows non-attorneys, such as qualified accountants, to represent clients in cases due to their vast knowledge and expertise.

Overall both of these professionals have a great deal of experience to aid clients for their case in Tax Court.

LegalMatch Law Library Managing Editor, , Attorney at Law

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With All This Talk About the United States Tax Court, What Exactly Is It?

The United States Tax Court was established under Article I of the U.S. Constitution. When the Commissioner of Internal Revenue feels that there is a tax deficiently, the taxpayer or business has the right to dispute this deficiency before paying the amount. The Tax Court has the power to determine liability, make declaratory judgments, adjust partnership items, order abatement of interest, award litigation costs, re-determine worker classification, review collections and awards, and determine joint and several liability on tax return(s).

The Tax Court has nineteen presidentially appointed members. All of the judges have expertise in tax law. The court’s physical location is in Washington D.C. However, the Tax Court is unique because it is a traveling court: it travels nationwide to various cities to handle tax matters.

How Long Does It Take For a Case to Get Resolved in Tax Court?

First, a petition is filed. With this petition, a $60 fee is filed. This payment postpones the tax amount that the taxpayer or businesses is asked to pay.

If a case involves $50,000 or less, the party may choose to have their case evaluated via the Tax Court’s simplified small tax case procedure. These trials are less formal and quickly come to closure, but the decisions cannot be appealed.

Otherwise, cases are calendared for trial. The parties are notified of the trial date. Trials are conducted before a judge, without a jury. Taxpayers may choose to represent themselves. The time between the beginning of trial and a verdict varies from case to case.

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