A tax dispute with the IRS or state tax officials can be stressful, expensive and time consuming.
If you find yourself in a challenging tax dispute, you need an experienced tax litigation lawyer on your side. Even a simple mistake or misinterpretation of the tax code can lead to tax litigation, fines and tax penalties. That is why having a knowledgeable professional on your side can make a huge the difference to your tax litigation case.
Business Estate & Tax Attorneys, P.C. is available to help you resolve your tax dispute. Call us at (925) 271-4451 or contact us on our webpage.
Common Causes of Tax Litigation
Some of the common reasons why individuals and businesses get involved in federal or state tax litigation include:
- Audit problems
- Large tax debts
- Deficiency disputes
- Tax refund litigation
- Tax fraud
- Corporate tax issues
While most tax litigation matters revolve around the government’s claim that you haven’t paid all the taxes you owe, some litigation claims allege that you have paid more taxes than you owe and you are entitled to a refund.
Types of Tax Litigation Cases We Handle
Our tax litigation lawyers have knowledge and experience with many federal or state tax issues, including:
- IRS disputes – Whether you are being audited, you’ve received a deficiency notice, or you are seeking a refund of taxes you have overpaid, we can vigorously advocate for your interests before the Internal Revenue Service.
- California Department of Tax and Fee Administration (CDTFA) issues – This agency collects California’s sales and use, fuel, tobacco, alcohol, cannabis taxes and other taxes and fees that support specific state programs, including transportation, public health, schools, libraries, social services, and natural resources management. We can be your voice before the CDTFA.
- California’s Franchise Tax Board (FTB) – This state agency collects personal income tax and corporate income tax in California, and we frequently represent businesses and individuals before the FTB.
- California Employment Development Department (EDD) – This agency administers California’s unemployment insurance and disability insurance programs, collects and audits payroll taxes and maintains employment records for the state. The agency is also responsible for helping job seekers connect with employers and for administering federally-funded workforce development programs. We understand how the EDD operates, and we can assist you with any issues before the agency.
- California State Board of Equalization (BOE) – This agency is a publicly elected commission that administers certain sales and use taxes, property taxes and special taxes. The BOE also acts as an appellate body for appeals of franchise and income tax assessments. Our attorneys are familiar with the BOE and the assessments and taxes it administers.
What to Expect in Tax Litigation
The tax litigation process will depend on the type of claim at issue in the action. Most tax litigation falls into one of two types: deficiency actions and refund actions.
A deficiency action lawsuit is filed in the U.S. Tax Court to contest a tax deficiency levied by the Internal Revenue Service. Conversely, a refund action lawsuit is filed either in the U.S. Court of Federal Claims or the federal District Court where you live. In the refund action lawsuit, you claim that you have overpaid your taxes and you are entitled to a refund. Taxpayers must first exhaust their administrative remedies with the IRS before they can file a deficiency or refund action.
Deficiency and refund actions for state taxes are filed before the California Office of Tax Appeals (OTA). An adverse decision from the OTA may be appealed to the state courts in California.
Many tax litigation cases are argued before an administrative law judge or tax or District Court judge. Tax cases can be challenging because the tax payer often faces a very high burden of proof to prevail on the claim.
Alternatives to Tax Litigation
Tax litigation can be extremely technical and complex. One misstep can lead to the loss of important rights and privileges or to the imposition of severe fines, penalties and interest charges.
Our tax litigation lawyers from Business Estate & Tax Attorneys, P.C., understand the risks and challenges of tax litigation. We can help you navigate the process or explore other available alternatives, including arbitration or mediation, that may help you reach an administrative settlement with the IRS or state tax officials.
How an Orinda Tax Litigation Attorney Can Help You
Do you need a tax lawyer? Find out today by talking to a Business Estate & Tax Attorneys, P.C., tax litigation attorney in Orinda, CA. If you need legal representation, we can assist you by:
- Thoroughly reviewing your case, including examining your tax returns and other financial records to assess your rights and options.
- Guiding you through an IRS or state tax audit including reviewing and addressing any notice of deficiency you have received.
- Exploring the merits and strength of your case to help you contest a deficiency, pursue a refund or address some other tax dispute issue.
- Guiding you through the claim process including looking at available options such as mediation or arbitration to help you avoid the time and expense of tax litigation.
- Ensuring that your claims are properly filed so that you are not deprived of important rights and options including avoiding additional penalties.
- Vigorously advocating on your behalf to seek the fairest possible outcome for your case.
Do not spend another day worrying about your state or national tax issues. Contact Business Estate and Tax Attorneys, P.C., to schedule a free and confidential consultation to discuss your situation.