The Internal Revenue Service (IRS) is often the target of lawsuits filed by angry Americans who are unhappy about their tax rate, the time it takes to receive their tax refunds or even the idea of paying taxes towards the Federal government. Certain Plaintiffs realize the fact that their case is an uphill fight, while other might have unrealistic expectations of the possibility of suing an entity that is a part of government. Here are some most common motives why Americans are wasting time and money to sue the IRS:
What Should I Do About Prosecuting the IRS If I wanted to?
The cases that involve the IRS are handled in the United States Tax Court, an administrative tribunal that is able to hear tax-related issues. Tax court is an independent entity separate distinct from the IRS. The tax court is separated into two divisions, smaller tax cases for taxpayers with under $50,000 for the tax year in which they are filed as well as regular tax cases that involve larger sums. The case in tax court is a trial by bench which means that the judge alone will decide the case. There is no jurors in the tax court. The hearings held monthly are usually throughout the year in all states.
Taxpayers are able to take legal action against the IRS However, they can only sue to pursue specific purposes. For example, emotional distress and punitive damages aren’t allowed. In addition it is the case that the IRS has sovereign rights based on its statutory status being a government agency. As an example, you are unable to take on the IRS due to tax rates Congress determines, since it is best to elect a representative or senator to support your tax preferences instead of filing a suit. You can instead bring a lawsuit for technical issues for example, claiming an income tax refund, or even in a countersuit when you are sued by the IRS seeks to sue you to collect back tax owed.
IRS Scam Phone Calls
Over the past few years in the last few years, scammers have appeared who have contacted people via phone, pretending they are the IRS agent. They claim that the person is owed by the IRS cash and has to make payments to the agent to stay clear of being audited or jail. The IRS is not able to contact individuals on the phone, and due process is granted to people whom they IRS is trying to collect tax funds from. The IRS is working to stop these frauds, however, the IRS cannot be held accountable for the conduct of a fraudster or when a victim erroneously spends money with a fraudster.
Sovereign Citizenship is Not A Valid Reason to Sue the IRS IRS
Sovereign Citizenship is a popular idea that states that citizens aren’t legally bound by rules, laws or regulations unless a person is willing to accept the laws, rulings or statutes. It is typically claimed in relation to taxes as a type of illegal theft. But sovereign citizenship hasn’t been proven in court.
Furthermore, the reasoning for sovereign citizenship doesn’t fit with the civil order that is required for filing lawsuits to begin with. A judicial court is able to be able to hear cases if it is competent over the matter in question and also the people involved in the lawsuit. If a sovereign isn’t acquainted with the authority of the court, they shouldn’t even have filed a complaint in the court in the first instance. On the other hand, a citizen who isn’t acquainted with a legal authority won’t accept the court’s decisions even though the threat of having a ruling ruled against them is a major reason to accept any jurisdiction.
Do I require an Tax Attorney in order to sue IRS? IRS?
If you believe that the IRS is beginning its collection procedure or demands payment in order to pay off tax debts, seek out a tax attorney promptly. Tax law is complicated , and a knowledgeable tax attorney can be determine the amount of debt as well as contact the IRS as well as argue your case before the tax tribunal.