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The Global Insight

Why do taxpayers frequently litigate in the tax court?

Author

John Johnson

Updated on February 22, 2026

The Tax Court was created to provide a forum in which a taxpayer could litigate a contested tax liability prior to payment of the liability. This is a major advantage of the Tax Court since it is the only forum which does not make payment of the taxes in question a prerequisite to filing suit.

What can I do if the IRS owes me money?

You may call us toll-free at 800-829-1040, M – F, 7 a.m. – 7 p.m. Generally, if the financial institution recovers the funds and returns them to the IRS, the IRS will send a paper refund check to your last known address on file with the IRS.

How do I dispute taxes owed?

If you have a tax dispute with the IRS, the IRS Office of Appeals (Appeals) gives you an opportunity to resolve it without going to court. Appeals is an independent function within the IRS that provides an impartial review of your tax dispute.

How do I get a stimulus tax refund?

The fastest way to get your Recovery Rebate Credit (sent as a tax refund) is to file electronically and have it direct deposited into your financial account. You can use a bank account, prepaid debit card or alternative financial products for your direct deposit. You will need to provide routing and account numbers.

How do I appeal a stimulus check?

How to File a Small Case Request

  1. Follow the instructions in the letter you received.
  2. Use Form 12203, Request for Appeals Review PDF, the form referenced in the letter you received to file your appeal or prepare a brief written statement. List the disagreed item(s) and the reason(s) you disagree.

Where can I litigate my federal tax issue?

Federal tax controversies can be litigated within the U.S. Tax Court, the U.S. Court of Federal Claims or the federal district courts.

Do you have to pay taxes to file a lawsuit?

Payment of tax before bringing the action, Before a taxpayer can file an action in either the Court of Federal Claims or the federal district courts, the taxpayer must first pay the amount of tax in dispute. The Tax Court is the only federal court in which payment of the tax at issue is not a prerequisite to filing the lawsuit.

Can a tax case be settled without trial?

Taking into consideration the high cost of litigation and the time and effort involved, taxpayers are well advised to settle a case without going to trial. In matters litigated before the U.S. Tax Court, the IRS Appeals Division has settlement authority for the first four months following the issuance of the notice of deficiency.

Is the Tax Court a limited jurisdiction court?

The Tax Court’s is also a limited jurisdiction Court. The Tax Court has jurisdiction to review deficiency determinations (a finding that additional tax is owed usually via and income tax examination) asserted against taxpayers for additional income, estate, gift, excise and private foundation taxes.