Atlanta Tax Appeal Attorney
Dealing with the Internal Revenue Service (“IRS”) or the Georgia Department of Revenue (“DOR”) can be a terrifying and stressful experience. Often, these organizations will contact you regarding an audit or claims of delinquent taxes, stating that hefty fines and penalties may apply. Many people believe that they are stuck with whatever claim they receive from the IRS or the DOR. Thankfully, you don’t have to accept what the government says – you can fight back.
At The Wooten Firm, LLC, we successfully represent individuals in tax proceedings against the government in a variety of actions, including: audit defense, innocent spouse relief, installment payment agreements, offers in compromise, and tax court litigation. In securing victories for our clients, we achieve ideal outcomes that can save thousands of dollars and years of headache.
Disputing Tax Claims in Georgia
Although we work our hardest to avoid ever having to go to court, sometimes the IRS or DOR refuse to cooperate and we are forced to go to court. As a result, we have significant experience in tax litigation. When this happens, we fervently defend your rights as a taxpayer against the government in the appropriate forum, whether that be the U.S. Tax Court, U.S. District Court, Bankruptcy Court, or Georgia State Court. We utilize our tax litigation experience achieve the best outcome possible, whether that be going through a full trial or hearing, or even settling with the government in certain circumstances.
Unfortunately, litigation with the government does not always end at the initial victory in court. Often, the government will appeal the decision in an effort to have it overturned in their favor. With decades of combined tax litigation experience, the attorneys at The Wooten Firm, LLC, are here to help you not only navigate the complexities of tax litigation, but to keep your victory by defending you in an appeal. Even if we have not represented you in your initial proceedings, we are here to defend you in an appellate court where other firms may shy away. If you are facing an appeal of a tax decision in your favor, please contact our office today for a free consultation.
What is an Appeal?
You’ve beaten the IRS or the DOR by receiving a favorable ruling, but now you’ve been told that they are appealing the decision. What does this mean? Appeals are available to ensure verdicts are consistent with the law and that the court arrived at its verdict using proper legal procedure. When an individual appeals a decision, they are generally taking issue with a specific aspect of the decision, whether it be evidence was improperly considered to achieve a conclusion or that the appealing party, the appellant, believes that the decision is inconsistent with the law.
When appealing a decision, the appellate body is limited to the record established by the first court. Evidence left off of the record is generally not admissible at the appellate level, and the appellate body may only review what the initial court reviewed in reaching its decision. In certain circumstances, such as fraud or misrepresentation, an appellate body may allow new evidence to be admitted. However, as a general rule, one can expect the appellate body to be bound by the record from the first court. Due to the evidentiary limitations of an appeal, it is paramount to have an attorney who will work tirelessly to know the record front to back, and who has the experience to know how to work with appeals specific matters. The knowledge and skillset required to successfully defend you in an appeal is completely different from what is required of an attorney to mount a defense at the trial court level. The attorneys and professional staff at The Wooten Firm, LLC, have the experience and knowledge required to give you the best appellate defense possible.
Why Does the Appeal Matter?
You’ve just received a favorable ruling in a tax dispute with the government and now you’ve been informed that the government is appealing the decision. What does a successful appellate defense mean for you? If your defense if successful, the courts will affirm the initial decision in your favor from the lower court. If you are unsuccessful, the decision of the lower court may be overturned and the decision switched to be in the government’s favor. As a result, the appellate defense is just as important as the initial litigation, and in some circumstances, perhaps even more.
Defending an appeal can be expensive; however, the cost of not establishing the best possible appellate defense may cost far more. That decision in your favor, including any cost awards, may be reversed – leaving you with not only the penalties originally claimed by the government, but also the additional legal costs you incurred in your original litigation. Thankfully, like the initial tax litigation, a taxpayer successfully defending the government’s appeal may recover litigation and other administrative costs associated with the appeal. If successful in the appellate defense, the initial decision in your favor from the lower court will be upheld, including any cost awards, and you may be able to recover the reasonable costs associated with the appeal. Choosing the right law firm to defend you in a tax-related appeal may be the most important decision you make.
Fulton County Tax Appeal Defense Attorneys
At The Wooten Firm, LLC, we leverage our unique position as a tax-focused firm to represent our clients in a variety of forums, including federal and state courts. To best represent our clients, we include certified public accountants (“CPAs”) in our litigation and appeals defense team. While we work closely with several CPAs, we are happy to work with your accountant or accounting team for any appeals defense.
Our team is dynamic, well-versed in tax litigation, and dedicated to helping you resolve any tax dispute. If you are currently facing a tax controversy in the Atlanta and Fulton County areas, please contact our office today to schedule a free consultation.