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How do I withdraw my case from tax court? (IRS)

Marietta, GA |

I filed a case for review in tax court after a CDP officer's notice of determination claiming I owed the IRS money. In reality the IRS owed me a refund. After talking to multiple departments in the IRS and sending them multiple documents they agreed that they owed me a refund and sent me my payment. So I now need to close the case I filed in the Tax Court. How do I do this?

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Filed under: Debt Tax law
Attorney answers 4

Best Answer

Contact the attorney for the IRS assigned to your tax court case and forward him/her copies of the documents in which the IRS agrees that you are owed a refund. The attorney for the IRS should prepare a motion to have the case dismissed and will ask you to sign the same. From a procedural viewpoint, consider waiting to contact the attorney for the IRS until after you receive your refund.

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Oscar Javier Ornelas

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Jeffrey L. Cohen

Jeffrey L. Cohen


This is perfect advice. If you were to dismiss the case yourself, there is a chance that it could result in a loss to you, which in turn would cause a procedural mess at the IRS.


Mr. Ornelas is on point - follow his advice.

Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


I definitely recommend that you hire a qualfiied tax attorney to make sure the matter resolved correctly.
You would contact the IRS attorney on the case, they are from the IRS Office of Chief Counsel. If don't know who that is you can contact the U.S. Tax Court and get that information, I have attached a link the U.S Tax Court's website. You would advise the IRS representing attorney that you want the case dismissed as the issue, per your understanding, has been resolved and then a dismissal can be done. However, make sure that before dismiss the case, that the IRS attorney verifies that the amount owed is resolved per your statement and that he/she verifies with you. If can get something, if at all possible, in the language of dismissal stating this or at least some proof from the IRS in writing showing the issue was resolved that would be highly recommended.

I recommend you seek specific legal advice from an attorney in your area. The information provided above is general advice and specific advice is needed. The information above in no way creates an attorney-client relationship.


Mr. Ornelas has given you excellent advice on how to terminate your Tax Court matter. Also, online you will find the book On Your Own In Tax Court by Lysander Venible which may be helpful.