Tax Trial FAQs

If you’re facing a trial on your alleged tax debt, you may be feeling intimidated by the process, unclear on what to expect or whether you’ll be able to handle the process. Below, you’ll find answers to some of the most frequently asked questions about tax trials to help you understand the process of going to trial against the IRS.

The best way to prepare for a tax trial is by choosing an aggressive, professional, and dedicated Texas tax attorney to represent you in your case. Contact the Texas tax trials attorneys at the Scammahorn Law Firm, PC, for a confidential assessment of your tax case.

What sorts of cases end up in tax court?

Tax court claims provide a way for taxpayers to dispute the results of an audit. Taxpayers who have been audited and who question the auditor’s conclusions about how much they owe can file a claim in tax court to contest their tax liability. Often, these claims are filed after the taxpayer has already filed and lost an appeal of the alleged tax debt. Taxpayers may also choose to file a claim with the tax court if the IRS has reclassified one of their independent contractors to be defined as an employee or denied their application for innocent spouse relief.

Is there a chance that my claim will settle before going to trial?

There is a very good chance that, in the time between filing a tax court claim and going to trial, your case will reach a settlement. In fact, over 90% of all cases filed before the tax court settle before trial begins. Most taxpayers who file a claim with the tax court will have at least six months after filing to attempt to negotiate a settlement with the IRS.

What will I need to do to prepare for my tax trial?

Taxpayers filing a claim with the tax court will have a number of forms to complete upon filing. Once a trial date has been set, the taxpayer will need to file a pretrial memorandum with the court, listing the basic facts of the taxpayer’s claim and evidence to support it, as well as the names of any witnesses who will testify. Since tax trials provide an opportunity for taxpayers to present evidence to a judge showing that they owe less than the amount claimed by the auditor, the taxpayer will need to gather this evidence and organize it in preparation for presenting it to the court. The seasoned tax attorneys at the Tyler offices of the Scammahorn Law Firm can provide critical support in filing all necessary forms and memoranda with the court, locating the evidence which will best support your claim and presenting this evidence to the court when arguing on your behalf.

For dedicated and diligent legal help with a Texas tax court claim or trial, contact the Tyler offices of the Scammahorn Law Firm, PC, for an evaluation of your case at (903) 595-1000, with additional offices in Dallas.