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International Association of Tax Judges

International Association of Tax Judges. The Honorable Peter J. Panuthos IATJ 7 th Assembly September 30 th October 1 st , 2016 Madrid, Spain. Access to Justice. International Association of Tax Judges. I. Procedural Guarantees in Administrative and Judicial Proceedings

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International Association of Tax Judges

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  1. International Association of Tax Judges The Honorable Peter J. Panuthos IATJ 7th Assembly September 30th October 1st, 2016 Madrid, Spain Access to Justice International Association of Tax Judges

  2. International Association of Tax Judges • I. Procedural Guarantees in Administrative and Judicial Proceedings • IRS Taxpayer Bill of Rights • Tax Collection: Assessments and Examinations • Collection of taxes begins with an assessment • IRS examines a return and provides taxpayer with Notice of Proposed Adjustments • Right to Challenge the IRS’ Position and Be Heard: IRS Administrative Appeals • Right to appeal an examination decision to the IRS Office of Appeals International Association of Tax Judges – 7th Assembly

  3. International Association of Tax Judges • I. Procedural Guarantees in Administrative and Judicial Proceedings (cont.) • Right to Appeal to Independent Forum • Refund jurisdictions • Federal District courts • Court of Claims • Prepayment jurisdiction • U.S. Tax court - Where most tax disputes are filed • Tax Court • High number of self-represented taxpayers • Court has taken important steps to provide taxpayers with a measure of Access to Justice • Publication of rules, booklet, website, etc. International Association of Tax Judges – 7th Assembly

  4. International Association of Tax Judges • II. The Right to Appeal to Independent Bodies • Independence of the Judiciary • The Court or Tribunal to which a taxpayer seeks to appeal must be indpendent of the taxing authority • Political and structural independence • United States Tax Court Independence • Separate from the other branches, including the IRS • Judges are required to uphold the law and be impartial • Judicial ethics permit a judge to take a more active role to assist a self-represented petitioner International Association of Tax Judges – 7th Assembly

  5. International Association of Tax Judges • III. Providing Counsel to Self-Represented Petitioners • IRS Taxpayer Advocate Service (TAS) • Independent organization inside the IRS that helps taxpayers resolve problems that are not resolved through administrative appeals or normal channels. • Low-Income Taxpayer Clinics (LITCs) • LITCs provide professional legal advocacy • Promotes fairness in the system • Tax planning and other services • Voice for the low-income taxpayer International Association of Tax Judges – 7th Assembly

  6. International Association of Tax Judges • III. Providing Counsel to Self-Represented Petitioners (cont.) • Tax Court Calendar Call Program • Tax attorneys volunteer to provide free legal assistance to self-represented petitioners at Tax Court calendar call • Department of Justice (DOJ) Office for Access to Justice • DOJ Tax handles or authorizes criminal tax litigation and civil tax litigation (excluding Tax Court) • Access to Justice focuses on protecting rights of taxpayers and providing legal assistance International Association of Tax Judges – 7th Assembly

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