Tax Litigation & Controversies
Tax controversies can happen to any individual or business. From individuals to nonprofits to for-profits, a tax controversy or tax lawsuit can stem from all types of taxation, including state sales and use tax, income tax and estate tax.
When faced with a tax dispute, seeking legal guidance and representation is a smart choice. At KJK, our experienced tax attorneys have significant skill in tax controversies and audits. We routinely negotiate with tax authorities and represent our corporate and individual clients in hearings with local, state and federal agencies.
How We Can Help:
Tax litigation and controversies is the area of law that resolves tax disputes with tax collection entities at the federal, state, local and other levels. Generally, tax controversies are categorized as civil and criminal matters.
KJK’s tax attorneys are well-versed in civil tax controversies and can help taxpayers understand tax laws, develop auditing strategies, deal with revenue agents and pursue appeals. While tax litigation is not the first resort for many individuals, KJK offers strong representation in any court proceeding and can help find a resolution in the taxpayer’s best interest.
If an individual or business’ tax matters involve alleged tax evasion or willful violation of tax laws, KJK can assist with these criminal tax controversies as well. We will represent you during criminal investigations by the IRS, Justice Department or other tax authorities and in criminal trials, sentencing and appeals.
From individual taxpayers to regulatory boards or organizations like the Ohio Board of Tax Appeals and State of Ohio Department of Insurance, KJK tax litigators represent a wide range of clients with tax controversies and audits.
Important to Consider:
Common types of Tax Controversies and Lawsuits
Many of the most common tax controversies stem from disagreements with the IRS. If you take up a tax matter with the IRS and it won’t change its mind, your next course of action is to pursue your administrative appeal rights within the IRS. Ultimately, you may be forced to go to court. If you opt for litigation, KJK has representative experience in private and public matters that can help you secure a favorable outcome throughout the process.
Penalties Relating to Accuracy
If you underpay taxes, the IRS may issue a fine if your underpayment meets certain criteria. This could happen when you fail to keep records of income or report the proceeds from a house sale.
Trade and Business Expenses
Keeping good records of trade or business expenses has long been a tax issue for many taxpayers. When you’re unable to produce receipts to justify expenses or deductions because they are lost or not properly separated from personal use, the IRS may take action against you.
Gross Income Reporting
Another common tax controversy that often ends up in litigation is failing to report income such as wages, cancellation of debt income or unreported settled proceeds.
The IRS has the power to examine records, books or other documentation related to civil or criminal tax liability under the Tax Code. One way the IRS obtains this information is by serving a summons. If you’re summoned and refuse to provide the requested information, the IRS may seek enforcement.
Appeals From Collection Due Process Hearings
Collection Due Process (CDP) hearings provide taxpayers an opportunity to request an independent review of their tax controversy by the IRS Office of Appeals if the issue involves levies or liens. If you disagree with the results of the hearing, you then have the right to petition the Tax Court for further review and claim abuse of discretion against the IRS.
Failure to File and Pay Penalties
It’s common for taxpayers to file late or fail to pay on time, subjecting them to a penalty by the IRS. If you can prove a reasonable cause for failing to file or pay on time, you can get the fine dropped.
Those who itemize their federal income tax returns can take a deduction for donations made to qualifying charitable entities. If the IRS denies one or more deductions, you can take the issue to court.
We’re Here to Help:
Tax Fraud Defense
Individuals and entities that have been charged with criminal tax wrongdoings can seek legal defense from KJK. We’ve successfully represented clients in tax fraud defense. If you or your business have been accused of tax fraud or charged with other tax crimes, we’ll work with you to provide the best possible defense.
other ways kjk can help:
irs audits AND offshore tax matters
Beyond some of the most common tax litigation issues, KJK can provide legal counsel and representation for a host of tax controversies, including IRS collections, IRS audits and offshore tax matters.
IRS collections is a series of actions the IRS can take to collect taxes owed if you don’t provide them voluntarily. Similarly, IRS audits are when the IRS investigates your finances to determine if you paid adequate taxes. Whether it’s a field, office or correspondence audit, KJK can help you navigate the process and safeguard your financial resources.
Offshore tax matters include reviews to see whether offshore asset holdings of U.S. citizens are in compliance with laws and regulations. If you are found not to be in compliance with applicable laws and regulations by the IRS, KJK can provide legal counsel on how to present a winning reasonable cause argument.
Get in Touch
Seek KJK Representation for your Tax Controversies
If you are dealing with a civil or criminal tax dispute or have been charged with a criminal tax crime, KJK’s tax attorneys have the in-depth experience and knowledge to advise and represent you during tax litigation. Contact us today to find an attorney who can help negotiate with tax authorities to protect you, your financial assets and your reputation.