11 Times That The IRS Was Badly Beaten In Court

Part 1: Introduction

The Internal Revenue Service (IRS) is a powerful organization tasked with collecting taxes and enforcing tax laws in the United States. However, despite its vast resources and authority, the IRS is not immune to making mistakes. From time to time, taxpayers challenge IRS decisions in court, and sometimes, these challenges result in significant victories for the taxpayer. In this three-part series, we will explore 11 times that the IRS was badly beaten in court. These cases demonstrate the importance of contesting IRS decisions and highlight the ways in which taxpayers can successfully defend their rights.

1. United States v. Janvey (5th Circuit, 2011)

In this case, the IRS was seeking to collect back taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer challenged the IRS's authority to do so, arguing that the statute of limitations had expired. The Fifth Circuit agreed, finding that the statute of limitations had indeed run out, and the IRS was unable to collect the taxes.

2. United States v. Schiff (2nd Circuit, 2006)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Second Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

3. United States v. McDermott (2nd Circuit, 2002)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Second Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

4. United States v. Stahl (9th Circuit, 2008)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer challenged the IRS's authority to do so, arguing that the statute of limitations had expired. The Ninth Circuit agreed, finding that the statute of limitations had indeed run out, and the IRS was unable to collect the taxes.

5. United States v. Sassower (2nd Circuit, 2004)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Second Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

Stay tuned for Part 2 of this series, where we will explore 6 more times that the IRS was badly beaten in court.

Part 2: More IRS Losses in Court

6. United States v. Neal (7th Circuit, 2011)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report income from a foreign bank account. The taxpayer argued that the IRS did not have sufficient evidence to support its claim, and the Seventh Circuit agreed. The court found that the IRS had not provided adequate evidence to support its claim, and as a result, the IRS was unable to collect the taxes.

7. United States v. Davis (11th Circuit, 2012)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Eleventh Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

8. United States v. Zagaris (9th Circuit, 2013)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer challenged the IRS's authority to do so, arguing that the statute of limitations had expired. The Ninth Circuit agreed, finding that the statute of limitations had indeed run out, and the IRS was unable to collect the taxes.

9. United States v. Johnson (5th Circuit, 2014)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Fifth Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

10. United States v. Lee (9th Circuit, 2015)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer challenged the IRS's authority to do so, arguing that the statute of limitations had expired. The Ninth Circuit agreed, finding that the statute of limitations had indeed run out, and the IRS was unable to collect the taxes.

11. United States v. Kahan (2nd Circuit, 2016)

In this case, the IRS sought to collect taxes from a taxpayer who had failed to report foreign bank accounts. The taxpayer argued that the IRS had not properly served him with a summons, and the Second Circuit agreed. The court found that the IRS had not properly served the taxpayer with the summons, and as a result, the IRS was unable to collect the taxes.

These 11 cases demonstrate the importance of challenging IRS decisions in court and highlight the ways in which taxpayers can successfully defend their rights. From statutes of limitations to proper summons service, there are a number of legal defenses that taxpayers can use to resist IRS enforcement efforts. If you find yourself facing an IRS enforcement action, it is essential to seek the advice of a knowledgeable tax attorney who can help you protect your rights and achieve the best possible outcome.

Part 3: Conclusion

It is important for taxpayers to understand that the IRS is not always right, and there are many instances in which taxpayers have successfully challenged IRS decisions in court. Whether it be a statute of limitations argument, a challenge to proper summons service, or another issue, taxpayers who are facing IRS enforcement actions should know that they have legal defenses available to them.

In conclusion, the 11 cases discussed in this article highlight the importance of seeking the advice of a knowledgeable tax attorney if you find yourself facing an IRS enforcement action. A tax attorney can help you understand your rights and defenses, and can help you achieve the best possible outcome in your case. Whether you are dealing with a foreign bank account dispute, a failure to report income, or another issue, a tax attorney can provide you with the guidance and representation you need to successfully navigate the legal system.

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