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Why You Need An Experiance Tax Attorney To Successfully File a Petition to Quash an IRS Summons!

Why You Need An Experiance Tax Attorney To Successfully File a Petition to Quash an IRS Summons!

We previously posted Right to Challenge IRS Summonses Important With New IRS Audit Procedures! on June 19, 2014,where we discussed that the United States Supreme Court issued its decision in United States v. Clarke, No. 13-301, reaffirming the right of a recipient of an IRS summons to challenge the summons by examining IRS officials in an adversarial proceeding. 

The impact of the Supreme Court’s decision in Clarke will be significant in light of a recent IRS directive (LB&I Control No: LB&I-04-0613-004), effective January 2014, which mandates that IRS examining officers issue a summons if a taxpayer fails to respond to an information document request (IDR) during the information gathering phase of an examination. (See our post: 2014 LB&I Information Document Request (IDR) Enforcement Process - Ready or Not?).

However, it's important to understand that you need an attorney, and preferably an Experiance Tax Attorney,
to successfully file a Petition to Quash an IRS summons!

Case in point Fisher v. U.S., which was f:               

Pro se taxpayer's petition to quash 3d party summons was dismissed based on her failures to prosecute, to follow F.R.Civ.P. and local court rules, and to comply with prior order to respond to govt.'s dismissal motion: although public policy generally favored decision on merits, dismissal was warranted here given taxpayer's delinquencies, risk of prejudice to govt., and public interest in judicial efficiency and prompt resolution of litigation. But, dismissal was without prejudice. (Fisher v. U.S., DC AZ, 114 AFTR 2d ¶2014-5241 ) 

Do You Have An IRS Summon
That Needs To Be Challenged? 

Contact the Tax Lawyers at 

Marini & Associates, P.A.  

for a FREE Tax Consultation
Toll Free at 888-8TaxAid (888) 882-9243

Read more at: Tax Times blog

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