Tips on Tax Court Trials
Receiving a letter from the Internal Revenue Service that says you owe them tens of thousands of dollars in back taxes can be daunting. You are angry and frustrated, because you know that you don't owe the money, and have the records to prove it. In this situation, you may wish to consider taking your case to tax court.
Know What to Expect
Tax court differs from a criminal trial in two key ways: First, according to the Investopedia website, in tax court there is no jury--you will be standing before a judge. Second, the IRS does not have to prove its case against you beyond a reasonable doubt--it only has to prove its case by the preponderance of the evidence.
Come Prepared
As the defendant, the burden of proof that the IRS's case against you is wrong lies on you. That means you should come to court ready to prove your case. The Lawyers.com website recommends you come with tax receipts, bank statements, and tax schedules. These should date as far back as possible.
Also, the website points out that you should research the other party's case against you. Understand the IRS's point of view, and why it feels that you owe the agency the money it says you owe it.
According to the Investopedia website, not only should you have all that information, prepare an "opening statement, testimony, evidences, witnesses, and a closing statement." The more prepared you appear to the judge, or to the lawyer for the IRS, the more likely you are to win your case, or at least a settlement.
Hire an Attorney
According to the Lawyers.com website, hiring a lawyer will increase the odds of winning your case against the IRS. In spite of how prepared you may be, you only have a 12 percent chance of winning your case without professional representation. With an attorney, you increase your odds to 20 percent.
If you choose the attorney option, make sure to carefully outline the facts of your case to him. You usually have six months between the time you file for your day in court until the court decides to hear your case, to prepare it. Be sure that in that half a year, you discuss costs with him. You should iron out issues such as costs, possible discounts, or whether you will be charged a fee whether or not you win.
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