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Tax Litigation

Challenging Taxes in Court

Sometimes tax issues are forced to be resolved in court. This typically occurs when all administrative appeals with the IRS have been exhausted. It is critical to have the assistance of an experienced tax attorney when challenging the IRS or state taxing authority in court as it requires a deep understanding of tax law and strict procedural requirements.

Representative Sample of Resolved Cases:

Professional Gambler Case

Facts: Taxpayer was audited by the IRS for tax year 2016. The IRS issued a Notice of Deficiency and assessed over $350,000 in taxes, penalties, and interest.

Resolution: DeWitt Law represented the Taxpayer and filed a Petition in U.S. Tax Court. The case resulted in a full concession by the IRS and a 100% reduction in tax owed.

Unfiled Tax Returns Case

Facts: Taxpayer failed to file federal income tax returns for several years. The IRS filed substitutes for return ("SFR") and a Notice of Deficiency, assessing tax.

Resolution: DeWitt Law represented the Taxpayer and filed a Petition in U.S. Tax Court. The SFR filings were replaced with the correct tax filings and the tax owed was reduced by approximately 30% due to claimed deductions and the Taxpayer's filing status.

Audit Dispute

Facts: Taxpayer was audited by the IRS for tax years 2016, 2017, and 2018. A Notice of Deficiency was issued, challenging the Taxpayer's claimed business income and deductions.

Resolution: DeWitt Law represented the Taxpayer and filed a Petition in U.S. Tax Court. The case was settled and the Taxpayer's tax liability was reduced by over 75%.

IRS Lawsuit Against Taxpayer

Facts: Client was sued in U.S. District Court for the Middle District of Florida for over $500,000 owed in back taxes.

Resolution: DeWitt Law represented the Taxpayer and an Answer was filed. The case was settled with a conditional judgment for an amount less than the alleged tax owed. The Taxpayer was able to keep their primary residence.

Fraudulent 1099 Case

Facts: Taxpayer received a fraudulently-filed 1099 from a former employer for tax years 2016, 2017, and 2018.

Resolution: DeWitt Law represented the Taxpayer and filed suit in U.S. District Court, alleging fraud under I.R.C. Section 7434. The case was settled in mediation and the 1099 filings were withdrawn.

Alternative Minimum Tax Dispute

Facts: Client’s 2009 tax return was audited and a six-figure assessment was proposed, primarily based on the Alternative Minimum Tax (“AMT”). Case was appealed and the IRS denied the appeal.

Resolution: Petition was filed in U.S. Tax Court challenging the assessment on the basis of incorrect application of the complex AMT deduction, particularly with regard to the AMT Net Operating Loss Deduction. Decision entered in favor of Client regarding AMT calculation, resulting in a reduction of assessment.

Hobby Income Case

Facts: Client's 2016 federal income tax return was audited. The IRS proposed additional tax due to alleged hobby income.

Resolution: DeWitt Law represented the Taxpayer and a petition was filed in U.S. Tax Court challenging the assessment. The case resulted in a 90% reduction in tax.

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