In Tax Court, the IRS has the burden of proof for their affirmative defenses (Rule 142). I know what affirmative defenses are in a normal civil case, but a Tax Court case is different in that the IRS is defending their determination of income. What are the affirmative defenses that would apply in a Tax Court case?
Estate Planning Attorney
I'm not a tax lawyer, but generally affirmative defenses that *might* apply would be things like good faith, necessity, estoppel, justification and statute of limitations. I don't know the facts of your case, and this is not an exhaustive list.
You need to retain a tax attorney to represent you because you have cited the incorrect Tax Court Rule. See Rule 39 which expressly states that affirmative defenses are ". . . res judicata, collateral estoppel estoppel, waiver, duress, fraud and the statute of limitations." There may be additional defenses based on the facts, and applicable case law.
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
Call: 855 IRSTAXBIZ
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