What to Expect When Your Case Goes to Federal Tax Court in New York

July 29, 2025

What to Expect When Your Case Goes to Federal Tax Court in New York

Facing a dispute with the IRS is stressful enough — and when that dispute escalates to the Federal Tax Court, the process can feel overwhelming. For individuals and businesses in New York, knowing what to expect and having skilled legal guidance can make all the difference in protecting your rights and your financial future.


At Auerbach Law Group, P.C., our dedicated team helps clients navigate the complexities of Federal Tax Court with clarity, confidence, and effective strategies tailored to each case.


When Do Cases Go to Federal Tax Court?

Not every tax dispute requires litigation. However, if the IRS has issued a Notice of Deficiency (sometimes called a “90-day letter”) and you disagree with the findings, you must act quickly. Filing a petition in Federal Tax Court allows you to challenge the IRS’s determination before paying the disputed amount.


Common reasons cases end up in Federal Tax Court include:

  • IRS audits that result in significant additional taxes owed
  • Disputes over unreported income or denied deductions
  • Penalties and interest assessed by the IRS
  • Civil tax controversies or alleged tax fraud
  • Complex business or corporate tax issues


The Federal Tax Court Process in New York

The path through Federal Tax Court involves several key stages:


  1. Filing a Petition
    You must file your petition within 90 days of receiving the Notice of Deficiency. Missing this deadline means you lose your right to challenge the IRS in court.
  2. Pre-Trial Procedures
    This phase includes exchanging information with the IRS, reviewing evidence, and potentially negotiating a settlement before trial. Many cases resolve during this stage.
  3. Court Hearings
    If the case proceeds, both sides present their arguments and supporting documentation before a Tax Court judge.
  4. The Judge’s Decision
    After reviewing the evidence, the judge issues a ruling that determines your tax liability.
  5. Appeals (if necessary)
    If either side disagrees with the decision, they may appeal to the U.S. Court of Appeals.


Why Legal Representation Is Critical

While you are not required to have an attorney in Federal Tax Court, representing yourself can be risky. The IRS will have experienced attorneys on its side, and the rules of procedure can be highly complex.


Working with a Federal Tax Court attorney gives you:

  • Skilled representation against the IRS
  • Thorough preparation of evidence and documentation
  • Negotiation experience that may help settle before trial
  • Guidance through deadlines and legal procedures
  • Peace of mind knowing your rights are protected


Civil vs. Criminal Tax Court Matters

Most Federal Tax Court cases are civil in nature, dealing with disagreements about taxes owed. However, if the IRS suspects tax fraud or willful evasion, the matter could involve criminal charges — which carry far more serious consequences, including fines or imprisonment.


At Auerbach Law Group, we represent clients in both civil and criminal tax controversies, ensuring that your case is handled with the care and attention it deserves.


How Auerbach Law Group Helps New York Clients

At Auerbach Law Group, P.C., we understand the fear and uncertainty that comes with facing the IRS. Our team provides:


  • In-depth analysis of IRS claims against you
  • Tailored strategies designed to achieve the best possible outcome
  • Clear communication so you always know where your case stands
  • Strong advocacy in and out of court


With us by your side, you can face Federal Tax Court with confidence.


Take Action Before It’s Too Late

If you’ve received a Notice of Deficiency from the IRS, don’t wait — your window to file in Federal Tax Court is limited. Acting quickly can preserve your right to challenge the IRS and protect your financial future.

A blue folder with
January 13, 2026
Learn what happens after an IRS civil tax audit in New York, possible outcomes, next steps, and how Auerbach Law Group, P.C. can help protect your rights. Call (212) 840-2180 today.
Hands with miniature house, pen, and documents at a desk; business meeting.
December 16, 2025
Why Estate Planning Matters in New York: Wills, Trusts, and Peace of Mind
Woman in blue blazer points pen at laptop, representing business disputes in New York.
November 18, 2025
Resolving Business Disputes in New York: Why Legal Strategy Matters
Calculator, tax forms, cash, and pen on a desk, suggesting IRS audit representation in NY.
October 21, 2025
How to Handle an IRS Audit: What You Should Know Before Responding
September 23, 2025
This is a subtitle for your new post
A bunch of papers are falling from the sky.
August 26, 2025
Tax Controversies in New York: Protecting Your Rights Against the IRS and State Authorities
A man and a woman are sitting at a table looking at a tablet.
June 3, 2025
What New York Entrepreneurs Need to Know About Business Formation
May 6, 2025
Estate and Trust Planning Solutions for Families and Business Owners in New York
Two men are shaking hands in an office.
April 8, 2025
Discover how to form an LLC in New York with ease. Follow our detailed guide on naming your LLC, filing paperwork, publishing notices, and meeting state requirements. Auerbach Law Group, P.C. provides experienced legal support to streamline the process.
A desk with a laptop , papers , a notebook , a pen and a pair of glasses.
By Auerbach Law Group, P.C. February 28, 2025
Filing a false tax return is a serious offense that can lead to severe penalties, including fines and imprisonment. However, individuals accused of this crime may have legal defenses that can help challenge the charges. Understanding these defenses is essential for anyone facing allegations of tax fraud. Lack of intent to deceive One of the strongest defenses in a false tax return case is proving a lack of intent. The prosecution must show that the taxpayer willfully misrepresented information. Honest mistakes, such as miscalculations or misunderstandings of tax laws, do not meet the legal standard for fraud. If errors were made without intent to deceive, this defense may apply. Reliance on a tax professional Many taxpayers seek assistance from accountants or tax preparers. If an error occurred due to a professional’s mistake, this could serve as a defense. Demonstrating reliance on a tax expert , especially if the taxpayer provided accurate information, may help argue against willful wrongdoing. Insufficient evidence The burden of proof lies with the government. Prosecutors must present clear and convincing evidence that a taxpayer knowingly submitted false information. If the evidence is weak, inconsistent, or based on assumptions rather than facts, the defense can challenge the case’s credibility. Statute of limitations Tax fraud cases have a limited time frame for prosecution. Generally, the Internal Revenue Service (IRS) has six years to bring charges for criminal tax violations. If authorities pursue a case after this period, the defense can argue that the charges should be dismissed. Correcting the mistake If a taxpayer voluntarily corrects errors before the IRS begins an investigation, it may demonstrate good faith. Filing an amended return or paying the owed amount can help reduce penalties and weaken the prosecution’s case. Allegations of filing a false tax return require a strong legal strategy. Understanding the available defenses and acting quickly can help those accused of tax fraud challenge the charges effectively.