call Today! 415-448-7992
call Today! 415-448-7992

The IRS launches thousands of criminal investigations every year. If your tax return is suspected of containing an error, your tax returns may be examined. If you become involved in a tax controversy with the IRS, you may have to take your case to tax court. The tax litigation process may seem tedious and overwhelming—even intimidating. That is why you need a defense attorney from Okabe & Haushalter, one who is ready to guide you through the process.

During Your Trial: What to Expect

Unlike most cases, the petitioner holds the burden of proof during a tax controversy trial. In other words, you must be able to prove your innocence. Your trial begins with opening statements when your attorney and the attorney with the IRS are given the opportunity to present opening statements to the judge. Usually, opening statements are not given under oath; any facts or evidence presented at this time cannot be used for or against your favor. However, opening statements may be given under oath to avoid repeating information later in the trial.

During your trail, it is important to:

  • Stay organized
  • Treat the judge with respect
  • Avoid arguing with witnesses
  • Ask pertinent questions
  • Avoid arguing with the IRS lawyer
  • Make your position known to the judge

Both sides are given the opportunity to question witnesses. In many tax controversy cases, the petitioner is the only witness. As a witness in your own case, you will be asked questions and cross-examined. Once the prosecution has questioned its own witnesses, your attorney may decide to cross-examine him/her to make sure all relevant evidence and factual information have been brought to the attention of the judge. After the judge has been given all relevant facts and information, he/she will make a decision to determine the outcome of your tax-related case.