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Los Angeles / California Court of Federal Claims Tax Litigation Lawyers

Court of Federal Claims Tax Litigation Lawyers
Tax litigation is a process by which people resolve tax disputes with the government, either through a settlement or a trial process. Different courts have different procedures and cover different aspects of tax litigation. If you want to dispute a federal tax bill before you pay it, you have to use the US Tax Court. But if you want to litigate for a refund from the IRS after paying your bill, your options are the District Court and the Court of Federal Claims.

With both of these courts, you must pay all of your taxes, fees, and any penalties before initiating proceedings. There are key differences between them, though. The right court for you will depend on your circumstances and goals. By talking to an experienced tax attorney, you can plan out a strategy that will get the best outcome for your situation.

The US Federal Claims court exists to deal with claims made against the federal government. Its jurisdiction is explained by US Code 1491. While the court isn’t built for tax disputes exclusively, tax controversies are some of the most common cases. It’s common for the average American’s only legal dispute with the US government to end up being over taxes.

The federal claims court has national jurisdiction, so it can hear claims from any state in the US. For the most part, it is responsible for claims from large multi-state and international corporations rather than individuals.

There is something to keep in mind about the petition process. You will begin by petitioning the court to hear your case. But if you choose to petition the federal claims court, you cannot then change your mind. There is no way to remove your petition and restart the process using the tax or district court systems.

Because of this, it’s especially vital that you understand your legal options. An attorney can explain how all of the different courts work. They can tell you about the different strategies and advantages that you might use in each one. In addition, they can give you information about practicalities like the timetable for a decision and the likely costs incurred.

It’s vital that you have an attorney you trust prior to filing your petition. You want to be absolutely sure that you’re making the right choice for your case.

Federal claims court differs from the country’s district courts in another important way. With district court proceedings, the plaintiff has the right to a jury trial. With federal claims court, the case is decided by a judge, similar to the litigation procedures in the US Tax Court.

The Petition Process

With both the federal claims court and district court, you’ll need to file a petition to get started. The steps are the same for both courts:

  • You will need to pay your alleged tax deficiency in full, including any penalties and interest.
  • You will then use an Amended Tax Return to claim the amount you paid as a refund.
  • Once the IRS rejects your refund request, you can file your formal petition to start the court proceedings.

There are other steps that you might take before starting the litigation process as well. Your lawyer will be able to tell you whether these are good avenues to pursue.

One example would be filing for an appeal. The IRS Appeals Office is the division that handles federal tax appeals. You can file your appeal after making your payment but before writing your petition. The appeals experts will then go over the facts of your case, including the findings of the audit, and decide whether to uphold the prior decision or not.

There is no one set answer for whether an appeal is right for you. Instead, it will depend on the circumstances of your case.

You have to be mindful of the time limit there is for filing your petition. You only have a certain number of days after receiving and paying your tax bill to file the petition. Similarly, there are time limits and regulations regarding the filing of an appeal.

Some people choose to pursue an appeal without pursuing court litigation. This is an ideal option when you are confident that a review of the case will result in a reversal due to technical errors.

Some people choose to prioritize the court over appealing. This allows you to introduce new evidence, so it’s a good choice if you feel like you haven’t fairly represented your side of the issue. However, this also opens the IRS up to introducing new evidence against you as well, so you have to be cautious.

There is often a backlog of cases in both federal claims and district court. However, federal claims trials do usually start before district court trials. That said, you can expect to need to wait months or even years.

The judges appointed to the US Federal Claims Court don’t need to have a specific background in tax law like the Tax Court judges do. However, most of them have a strong background in tax law due to mediating tax disputes.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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