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A dispute with the IRS was settled

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in favor of the Petitioner...
A dispute with the IRS was settled in favor of the Petitioner (Docket Nr. 8726-09, US Tax Court) pursuant to the agreement of the parties (Commissioner of Internal Revenue as Respondent) and the Decision was signed by the Chief Judge.
I found myself in the exact same position as a.m. Petitioner.
It involves a period of 3 years income tax, filing under the application of the NATO Status of Forces Agreement – Tax Exemption from Income tax derived from a foreign country of which I am a citizen with Immigrant/Permanent Alien Resident status in the USA.
I have filed that way for over 20 years and the IRS accepted it until they ordered me to pay taxes on this income for the past 3 years, including interest and penalty.
I paid and then hired a lawyer to get the same result for me as a.m. Petitioner
My lawyer has been dealing with the IRS for over a year and claims that even so the circumstances are exactly the same the outcome may not be. It depends on the individual IRS employee – some agree with me and I got some money back, others do not.
I don’t understand it anymore. Shouldn’t the above decision automatically apply to me?
What can I do to settle this matter? I cannot afford a lawyer anymore to the tune of thousands of dollars.
Submitted: 6 years ago.Category: Business Law
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Customer reply replied 6 years ago
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Answered in 9 days by:
9/13/2011
Business Lawyer: Jax Tax, Attorney replied 6 years ago
Jax Tax
Jax Tax, Attorney
Category: Business Law
Satisfied Customers: 1,408
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Prior agreements are not binding but are persuasive authority. There can be.different outcomes but it has nothing to do with the person and more to do with taking it to court. They do weigh the cost and chances of success in settling and maybe not so much tax law. The evidence and information they have plays a big part. Laws change and lower level auditors strictly operate on law or their interpretation of such. They may be wrong, but you will have to persue it as before.
You did state this was several years before. The IRS could have not beleived they could prove fruad to audit that far back and that is why you won. That is not an issue with the last three years.
I could go on and on about what could have happened and what.ifs but to answer your question, previous results have no bearing, but is worth bringing up.
Jax Tax
Jax Tax, Attorney
Category: Business Law
Satisfied Customers: 1,408
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Business Lawyer: Jax Tax, Attorney replied 6 years ago
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Category: Business Law
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