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Need atty who has litigated before the tax court

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marbol

Member
What is the name of your state? TX

I have a truly complicated tax case that's worth up to 22 thousand dollars for me.

So far I've gone it Pro Se, but now I have a hearing coming up in November in Dallas, and so I need to at least hire someone who has litigated before the tax court before (and won preferably) to look over my case, and maybe spend an hour or two talking it over with me - recommending new tactics, or taking it over.

Does anyone know what my next move should be? I don't want to just go poking around in the yellow pages, or just find someone who has casually handled one or two cases before. I want to talk with someone that is really familiar with tax cases.

Also someone who would be willing to just talk to me about what to do instead of just take it over. Even though it's not a super large amount of money, it's enough for me to want to see what my chances are in getting it back.

I need to try to vacate a decision from back in 1997 - and then either get my money back, or sue to re-assess my taxes from 1994. It's a long story so far; I've gotten the judge to demand the Commissioners lawyer to file 3 supplements to their motion to dismiss and now there is a hearing set - so at least they didn't dismiss. I think if I didn't have any merit they would have dismissed in the respondent's first motion to dismiss.

I've filed a motion for leave to file a motion to vacate, but so far, it hasn't shown up in my docket - even though the court has received it.

Thanks.
 
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tranquility

Senior Member
No one will be able to advise you on the law in a complicated tax case from in a one or two hour meeting. The time for consultatation was before things were filed. The best you could hope for now are proceedural issues assistance which are fairly mechanical and don't require full understanding of the underlying case.

"Changing tactics" now is not something you can do very easily. The die is cast and, if you want to change things, try to continue the hearing and get representation. It sounds like your case is on life support and I don't think a little advice will be worth it to you. But, still, in a small amount of time an experienced person may be able to understand some of the problems and give some advice which could be helpful. I'd call those who claim they are a "tax attorney" and find out how much experience they have in tax court. Obviously the more the better, but those with only a few cases may be less expensive and, since you really aren't looking for someone to take your case, may be able to advise about some obvious things you've missed.

Sorry for your troubles. I don't know if you'll find someone quickly and the engagement letter/retainer you'll sign will be scary. A CPA would be helpful on the tax issues, but again, by your guidelines you're not really looking for a person to help you with the issues but with proceedure.
 

marbol

Member
My case isn't really on life support. And I suppose it's not really that complex, given that it's a "S" small tax case.

I am the petitioner, and The respondent's lawyer filed a motion to dismiss due to lack of jurisdiction. The judge has repeatedly asked their lawyer to provide proof and supporting evidence for their motion, but they have failed to do so 3 times and now the judge has ordered them to file a 3rd supplement to their motion, and has set a hearing date for the motion. I've filed answers to each one, and the judge hasn't asked me for anything.

If they dismiss this one for LOJ it would be fine with me, but what I really want is for the court to vacate a decision made in 1997/98 where there was an agreement that I agreeed to on one docket number, but they submitted a different amount to the court and then waited until 2007 to try to collect on it -

And now, I see they they had taken the last page that I signed and combined it with a page from a different docket number (so stated at the top of the page) with a different agreement amount on it. - so now there is a two page agreement filed with the court in 1998, first page with docket number A on it, and second page with docket number B on it along with my signature. So they took the agreement amount that I agreed to and replaced it with a different one, attached it to the page with my signature - and made it appear as if I agreed to that decision back then.

I would have thought this to be a slam-dunk in getting it vacated, but in going back through the old tax court decisons, it looks like many people have paid for things like this.

:(
 

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