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Three states and a group of local governments are suing the IRS and Treasury Secretary Steven Mnuchin over new rules that prevent them from getting around the 2017 federal tax overhaul’s deduction cap.
Two lawsuits were filed on Wednesday in response to IRS regulations that were finalized last month and prohibit residents from deducting their charitable donations in full if they receive tax credits in exchange. Connecticut, New Jersey, and New York, all Democratic-controlled states, have joined forces to challenge the rules. The Coalition for the Charitable Contribution Deduction, a New York coalition of municipalities, school districts, and professional organizations, has filed a separate lawsuit.
The plaintiffs claim that when the IRS closed states’ charitable deduction loopholes, it overstepped its authority. Since the ban extends to long-established state-run trusts that give out tax credits in return for contributions to causes like environmental protection and charter schools, the ban is particularly harsh. These trusts exist in dozens of states, not just high-tax states or Democratic-controlled states.
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One of the few tax cases to reach the Supreme Court is ShareCIC Services v. Internal Revenue Service. While the case appears to be technical, it has far-reaching consequences for jurisdiction, administrative law, and the tax system as a whole. The event, which will be heard on Tuesday, is about how the government implements a tax code that affects a wide range of policy areas beyond revenue-raising, as well as how it combats tax shelters.
Two conflicting laws are at the core of the case. The Anti-Injunction Act states that “no suit for restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.” The AIA, together with the Declaratory Judgment Act’s tax exception, normally requires taxpayers to either obtain a notice of deficiency and sue in the United States Tax Court, or exhaust administrative remedies and sue for a refund in either federal district court or the United States Court of Federal Claims.
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How to Sue the IRS and File a Lawsuit in Court: Our foreign tax lawyers often receive questions about how to prosecute the IRS in court. Taxpayers have the option of filing a lawsuit against the Internal Revenue Service (IRS) in either Tax Court or Federal Court. When it comes to FBAR litigation, the guidelines for suing the IRS in tax court vs. federal court vary. To sue the IRS in Tax Court, the complainant (you) must generally follow the filing deadlines.
To sue the IRS in Federal Court, the plaintiff (you) must either pay the outstanding amount and sue for a refund, or wait to be sued by the IRS and then file a countersuit.
Perhaps you had an unreported foreign company, secret foreign accounts, or offshore assets and investments that you hadn’t yet revealed to the IRS, but they were discovered first – and you were penalized.
For instance, David’s family in Columbia sent him a foreign gift. The gift was worth $900,000, but David had no idea he needed to disclose it. David files a late form 3520 (without a fair cause statement) after the fact, and the IRS penalizes him 25%, or $225,000.
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The United States Tax Court, the United States District Court, the United States Bankruptcy Court, and the United States Court of Claims are the four federal courts with jurisdiction over taxes. In both of these federal courts, as well as their state counterparts, Daniel Rosefelt has represented taxpayers in a number of tax conflicts.
Our in-depth understanding of tax disputes and the law that governs them allows us to determine which court is the best fit for your case. If you’re thinking of filing a tax lawsuit against the IRS or a state tax authority, call Daniel Rosefelt & Associates, LLC, Attorney & CPA at (301) 656-4424 or fill out our ten-second contact form to learn more about your choices. From our offices in Bethesda, Maryland, we represent clients all over the United States and the world.
The majority of tax cases are litigated in the United States Tax Court for one important reason: it is the only venue in which taxpayers can start proceedings before paying the IRS’s tax liability. When a tax lawsuit is filed in some form of federal court, the taxpayer must first pay the amount in question before filing a refund claim.