How to Sue the IRS
The Internal Revenue Service was once virtually immune from lawsuits, even when it engaged in questionable practices. While this has changed, it is still difficult to sue the IRS. However, if you feel you've been wronged by the department, here are some tips to assist you in preparing a lawsuit.
- Difficulty:
- Moderately Challenging
Instructions
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1
Understand the tax court system. The U.S. Tax Court handles most of the litigation and allows taxpayers to litigate their tax disputes without paying the tax liability up front. The U.S. Federal District Courts hear federal tax claims brought by taxpayers however, they require taxpayers to first pay the tax liability assessed and sue for a refund. The U.S. Court of Federal Claims hears cases against the United States, including federal tax claims, and also requires taxpayers to prepay their tax liability before they can bring suit for a refund.
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Recognize the different legal theories on which a lawsuit against the IRS can be based. The federal district courts allow suits against the IRS for those damages resulting from an IRS employee's reckless or intentional disregard of the tax collection procedures. These courts also allow a taxpayer to sue for damages resulting from the IRS's failure to release a lien.
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Gather information. Before you sue the IRS, you need copies of all papers, documents or other evidence that helps establish your claim. This includes tax records and returns, receipts, correspondence with the IRS, etc.
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Consult an attorney. You should speak with an experienced tax attorney if you have any questions regarding the validity of your claim, and for advice and representation regarding how to sue the IRS.
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Know that, before bringing suit against the IRS, you generally must exhaust administrative remedies, first. This means following the appeals procedure within the IRS itself.
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Tips & Warnings
Don't delay. Generally, the rules require that you sue the IRS within two years from the date the violation occurred.
Make sure you have a valid complaint. If the court determines that your lawsuit against the IRS is not based on sufficient grounds, the court may order you to pay damages to the IRS.
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Comments
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aqcheryl
Mar 02, 2009
one other thing: know your rights, know your constitution, and when seeking legal counsel (always do so) make sure your attorney knows as well! -
aqcheryl
Mar 02, 2009
one other thing: know your rights, know your constitution, and when seeking legal counsel (always do so) make sure your attorney knows as well!
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aqcheryl
Mar 02, 2009
cont. Only businesses that gain a profit can be taxed. Regular people that work by giving their time and physical labor are already earning their dollar, therefore its not considered a profit, and therefore not taxable. Tell the IRS to shove off - its unconstitutional for them to make you pay if you are a laborer. More and more people are taking up arms against the IRS - and every time, when they bring this up and inform the courts of this, they win. If youre taken to court anyways, you might as well fight. You should fight - its an illegal debt they placed on you.
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aqcheryl
Mar 02, 2009
cont. Only businesses that gain a profit can be taxed. Regular people that work by giving their time and physical labor are already earning their dollar, therefore its not considered a profit, and therefore not taxable. Tell the IRS to shove off - its unconstitutional for them to make you pay if you are a laborer. More and more people are taking up arms against the IRS - and every time, when they bring this up and inform the courts of this, they win. If youre taken to court anyways, you might as well fight. You should fight - its an illegal debt they placed on you.
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aqcheryl
Mar 02, 2009
Actually, go in the court prepared. The IRS is unconstitutional - its merely a loan collection office for the Federal Reserve. The Federal Reserve is not part of our government, theres nothing Federal about it. Its a international bank. This international bank dictates to us the value of our dollar - they are not even Americans. They loan us each dollar with interest - so youre not getting $1. For example if the interest is 20%, that dollar bill is only worth .80 cents. They are the ones trying to get us to pay income taxes every single year, and they do so by misleading the public that its law. Its not law - and as long as you go into court and ask the court to look into it, you will win. There is no law in the constitution that say laborers are to be taxed. Quite the opposite, and the whole reason we left England and King George's rule in the first place. 16th amendment. Only businesse
