Tax Litigation
Litigation is the right approach where a taxing authority imposes a result that is unacceptable and benefits justify the costs of going to trial. Many taxpayers bring litigation they can’t win, or with the idea that they want to settle it without going to trial. Those are mistaken approaches. Favorable settlements are obtained only when one is proceeding determinedly to trial on issues that you have a reasonable chance of winning.
The counsel you select for litigation needs to be imaginative, thorough and aggressive. He needs to evaluate your case for litigation before recommending it and explain his evaluation of costs and benefits. He needs to understand your case as a convincing narrative, not just a set of facts, numbers, and legal rules. He needs to prepare your case with a critical mastery of all the facts and details that can help you win. He needs to interact with your adversaries in a way that is respectful but also confident and forceful.
Effective litigation strategy means making the best decisions about the issue well before litigation begins. If you are involved in a tax audit, you need effective representation at that stage to help avoid unacceptable results and minimize the need to litigate. Effective representation at the audit stage also assures that disagreed issues are fully developed before you decide to litigate.
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