New York City Tax Litigation Attorney
When dealing with the Internal Revenue Service (IRS) and trying to resolve tax disputes, it is important that a taxpayer be represented by a professional every step of the way. Individuals in need of an experienced New York City tax litigation attorney should contact the offices of Gabor & Marotta LLC.
Our firm provides legal advice and quality representation to residents of Manhattan, Staten Island and other communities in New York City, Westchester and Long Island in a wide range of tax disputes and litigation, including:
- Audits and decision appeals
- Tax court litigation
- Alternate ways to resolve disputes and tax matters
- Criminal investigations
We have more than 30 years of experience handling these matters for our clients. Our firm is prepared to advise individuals from the original audit letter to the filing of a petition in tax court to the actual litigation and every step in between. We are comfortable educating clients on the benefits of bankruptcy, innocent spouse relief or making an offer in compromise to limit tax liability. In addition, we can assist you with matters involving tax fraud and identity theft.
We find that our clients’ biggest concern is getting clear of the IRS and paying as little money as possible. Our goal is to find resolutions that are beneficial to taxpayers, minimizing our clients’ tax liability and eliminating any negative consequences. It is rare for an audit or tax litigation to escalate to a criminal investigation, but if that happens, our firm is fully prepared to defend our clients in court. Trust us to diligently protect your rights throughout each stage of the process.
Frequently Asked Questions About Tax Litigation In New York
Tax disputes with the IRS involve strict deadlines and serious consequences. Below are answers to common questions about protecting your rights and assets:
How can I legally stop the IRS from levying my bank accounts or seizing my property in New York?
You must request a Collection Due Process (CDP) hearing within 30 days of receiving your “Final Notice of Intent to Levy and Notice of Your Right to a Hearing.” Filing this request immediately stops all collection actions and transfers your case to an IRS Appeals Officer. This hearing lets you challenge the tax amount or negotiate alternatives like an Offer in Compromise, Installment Agreement or Currently Not Collectible status. Missing the 30-day deadline allows the IRS to proceed with seizing your assets.
What is the deadline to file a petition in the U.S. Tax court after receiving an IRS notice of deficiency?
You have exactly 90 days from the date of your Notice of Deficiency to file a petition with the U.S. Tax Court. This deadline is absolute, which means missing it by even one day means you lose your right to litigate before paying the tax. For New York City residents, proceedings typically occur at the Jacob K. Javits Federal Building. If you miss this window, you must pay the disputed tax in full, file a refund claim and sue in U.S. District Court or the Court of Federal Claims.
Can I be held personally liable for my New York city business’s unpaid tax debts?
Yes, if the debts involve “trust fund” taxes. The IRS and New York State aggressively pursue unpaid payroll taxes (federal) and sales taxes (state). Under the federal Trust Fund Recovery Penalty, you can be held personally liable for 100% of the withheld portion of unpaid payroll taxes, while New York state law allows for full personal liability on unpaid sales taxes. This applies regardless of whether your business is an LLC or corporation. Simply having authority to pay the taxes and failing to do so triggers personal liability.
Contact A Staten Island Tax Disputes Lawyer Today
Contact our firm immediately to consult with a skilled and knowledgeable attorney regarding tax litigation. We offer a free initial consultation and speak Russian, Spanish, Arabic and Chinese. Call us at 212-349-1200 or 718-390-0555.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.