Tax Litigation: The Best Defense Is A Good Offense
As a prominent tax law firm, the objective at Brown, PC is to resolve every tax controversy as early as possible and as favorably as possible. Litigation is expensive and risky, so we make every effort to hammer out a favorable resolution and avoid court. However, when litigation is the best or only option, you have a formidable trial lawyer on your side who can challenge the government’s case.
Skilled Tax Litigation by a Former Tax Prosecutor
Our founding attorney, Lawrence Brown, is uniquely qualified to represent clients in tax litigation. A former U.S. Department of Justice Tax Division Trial Attorney, with more than 20 years of experience in complex tax matters, Mr. Brown has an insider’s understanding of IRS and Department of Justice policies, procedures and strategies. In fact, while at the Department of Justice he was responsible for deciding which tax cases were prosecuted. He has taken more than 100 jury trials and 400 bench trials to verdict, and settled countless other cases out of court.
Led by Mr. Brown, our team of skilled Texas tax litigation lawyers and former IRS Enrolled Agents guides businesses and high net worth individuals through negotiation and litigation processes with focus and precision.
Is Litigation the Best Course? What’s the Best Forum?
When involved in the early stages of the process, our team proactively challenges the IRS’ position. If tax disputes cannot be resolved at the IRS audit or IRS appeal level, taxpayers have the right to contest the matter in various federal courts. We will closely examine the facts of your situation and advise on whether litigation is the best course of action. If so, there are a variety of potential venues in which your case may be heard:
- U.S. Tax Court — The majority of cases are heard in Tax Court, before a judge with expertise in tax law. Small tax cases ($50,000 or less) can be handled in an expedited, less formal procedure, but those decisions cannot be appealed.
- U.S. District Court — Taxpayers must exhaust all administrative IRS remedies and pay the disputed tax before seeking a District Court remedy (refund). While this venue offers the only opportunity for a jury trial, judges are not necessarily versed in the intricacies of tax law.
- U.S. Bankruptcy Court — If the taxpayer has filed for Chapter 7, Chapter 11 or Chapter 13 bankruptcy, a Bankruptcy Court judge can rule on (a) whether IRS deficiency claims and IRS tax liens are valid and (b) whether upheld tax liabilities can be discharged.
- U.S. Court of Federal Claims — This is typically the domain for substantial tax claims brought by large corporations. The company pays the tax and then sues for refund of the disputed amount.
Preparing to Fight the Government
Tax litigation is a fight. A single loss may create unfavorable precedent that costs the U.S. Treasury millions in tax revenue. The government has a lot on the line, and so do our clients. We assemble a team with the capabilities to match or exceed the government’s. Depending on the complexity of the case, Brown, PC, may pull in former IRS agents, forensic accounts, financial investigators, CPAs and industry experts. We do not initiate trial proceedings unless prepared to go all the way to verdict — there is little to be gained in retreat.
Schedule A Consultation Now
We routinely represent individuals and businesses in complex tax litigation matters in courts across the United States. To schedule your free and confidential consultation with one of our experienced tax lawyers, please call 888.870.0025 or contact our Fort Worth law office online.
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