San Jose, CA Tax Litigation Attorney
In certain situations where other remedies have been exhausted, tax litigation represents a taxpayer’s best chance of proving the IRS wrong on either the law or facts are issue and avoiding an improper tax, penalties and interest assessment. However, litigation against the IRS is also exceedingly complex and challenging, demanding a highly effective and experienced dually licensed California Attorney & CPA who can point to an extensive track record of favorable case outcomes.
If mediation, IRS appeals, or other methods have failed to resolve your dispute with the Internal Revenue Service, taking legal action may be the only way to avoid improper penalties and fines. Proudly serving San Jose County, the tax litigation attorneys at the Tax Law Office of David W. Klasing are prepared to advocate fiercely and persistently on your behalf, assisting you with all aspects of your lawsuit against the IRS. Contact us online today to set up a reduced rate consultation or call the Tax Law Office of David W. Klasing at (805) 617-4566. Note: All consultations in our San Jose office are by appointment only.
See our Tax Litigation Q and A Library
See our IRS Appeals Q and A Library
Can You Sue the IRS?
You may be able to file a claim against the IRS, but doing so is only advisable, or even possible, under a particular set of circumstances. It is never advisable to approach IRS tax litigation without guidance from a proven IRS tax litigation attorney whose track record indicates an exceptional command of the legal issues involved. In comparison to mediation or even IRS appeals, tax litigation is one of the most strategy-dependent and technically challenging approaches to settling a dispute with the IRS, giving unsupported pro se litigants an extremely poor likelihood of success. Do not take the IRS to Tax Court without a dedicated and competent attorney on your side.
What Types of Claims Can You File Against the IRS?
Most successful lawsuits against the IRS are either deficiency suits or refund claims, as discussed here. In a deficiency suit, the taxpayer is disputing the amount that the IRS claims the taxpayer owes. In a refund claim, the taxpayer is attempting to recover compensation for a payment that he or she has already made to the IRS.
Bringing a Deficiency Action
Before you may litigate a Tax Court deficiency action, you must receive a “90-day letter” (otherwise known as a “notice of deficiency”) from the IRS. Until this occurs, U.S. Tax Court lacks jurisdiction over your case. (For more information about venue and jurisdiction, refer to our article discussing which federal court you should choose to litigate your tax issue.)
Your IRS lawsuit attorney will help you file the initial petition, starting the litigation process. The petition must be filed within 90 days of the date specified by the IRS (or, for taxpayers located overseas, within 150 days of the date specified). Once you have filed your petition, the IRS has an opportunity to file a response called an “answer,” providing rebuttals to any arguments you may have raised in your claim.
As is true of all litigation, robust evidence and an accurate understanding of the tax law at issue is critical to the success of your lawsuit. Do not discard any IRS correspondence, tax documents, business records, or records related to loans or business purchases for the time period in question, including emails and electronic records.
Bringing a Refund Action
You must have paid the disputed tax amount in full before you may litigate a refund claim in Federal Claims or District Court against the IRS. You must also have met all filing deadlines; otherwise, your case will be dismissed.
IRS Tax Litigation Lawyers in San Jose, California
At the Tax Law Office of David W. Klasing, we are a team of award-winning litigators and Certified Public Accountants who have earned a reputation for aggressive and dynamic client advocacy. We will fight tirelessly in Tax Court to prove that the IRS erred in assessing tax, penalties, or interest charges against you, or that you should be refunded for your overpayment.
To arrange a reduced-rate consultation regarding an IRS dispute, contact us online, or call the Tax Law Office of David W. Klasing at (805) 617-4566 today. Please note all meetings at our San Jose tax office must be scheduled in advance.
Tax Litigation FAQs
You should not attempt to sue the IRS without legal guidance from a competent tax professional. The following tax litigation FAQs are not a substitute for legal advice and are intended purely for general informational purposes. Explore the answers to commonly asked questions such as:
- Can You Recover Administrative and Litigation Costs?
- How Does the Audit and Litigation Cycle Work?
- What Discovery Methods Apply in Federal Tax Litigation?
- Who Can Represent a Taxpayer in the Tax Court?
- Who Has the Burden of Proof in Tax Litigation?
Note: If you have concerns about the privacy of our initial or subsequent communication and are unable to easily travel to our Irvine / Orange County Main Office, consider scheduling a GoToMeeting to safely and securely establish an initial or maintain an existing attorney client relationship. With end-to-end encryption, strong passwords and top-rated reliability, no one is messing with your meeting. To schedule a reduced rate initial consultation via GoToMeeting follow this link. Call our office and request a GoToMeeting if you are an existing client. We are generally happy to travel to any of our appointment only satellite offices for a subsequent meeting in appropriate circumstances once a relationship is established via a signed engagement letter and the payment of an initial retainer or where enough retainer is available where a current client to cover the reasonable travel time and time required for the meeting.
Will it cost me more to hire the Tax Law Offices of David W. Klasing, who’s main office and the vast majority of the firm’s staff is located in Irvine California, but an appointment only Satellite office is close to my location, as opposed to a local company? Absolutely not! See our policies that address this issue here: