IRS APPROVED PROVIDER OF CONTINUING EDUCATION FOR ENROLLED AGENTS & CPAs

Tax Law Institute
1717 N Street NW
Washington DC 20036

Tax Law Institute 1717 N Street NW Washington DC 20036 Tax Law Institute 1717 N Street NW Washington DC 20036 Tax Law Institute 1717 N Street NW Washington DC 20036
Home
Guide to Admission...
Admission to the Tax Bar
Digital Studies
FBI Background Check
Tax Court Bar Exam Tips
Apprenticeship Program
Hawaii Federal Tax Clinic
Visiting Lecturers
Courses & Fees

Tax Law Institute
1717 N Street NW
Washington DC 20036

Tax Law Institute 1717 N Street NW Washington DC 20036 Tax Law Institute 1717 N Street NW Washington DC 20036 Tax Law Institute 1717 N Street NW Washington DC 20036
Home
Guide to Admission...
Admission to the Tax Bar
Digital Studies
FBI Background Check
Tax Court Bar Exam Tips
Apprenticeship Program
Hawaii Federal Tax Clinic
Visiting Lecturers
Courses & Fees
More
  • Home
  • Guide to Admission...
  • Admission to the Tax Bar
  • Digital Studies
  • FBI Background Check
  • Tax Court Bar Exam Tips
  • Apprenticeship Program
  • Hawaii Federal Tax Clinic
  • Visiting Lecturers
  • Courses & Fees
  • Home
  • Guide to Admission...
  • Admission to the Tax Bar
  • Digital Studies
  • FBI Background Check
  • Tax Court Bar Exam Tips
  • Apprenticeship Program
  • Hawaii Federal Tax Clinic
  • Visiting Lecturers
  • Courses & Fees

Learn Litigation & Trial Practice

With contributions from former U.S. Tax Court Special Trial Judge John F. Dean

USTCP apprenticeship | 501(c)(3) student trial practice

Moderated by the Teaching Faculty at the Tax Law Institute at Washington DC

2023 PROGRAM COORDINATORS


Michael Stuart J.D. MPA | Director of Litigation Training and Trial Advocacy


Daniel Ng J.D. LL.M. | Associate Director of Litigation Training and Trial Advocacy | Visiting Lecturer in Litigation and Trial Advocacy


Christopher Keleher M.A. M.S. | Program Administrator | Teaching Assistant in Tax Evidence and U.S. Tax Court Rules


What is Tax Law?

Tax law is the body of law governing taxation, including the Internal Revenue Code; rules, regulations, and decisions of the Internal Revenue Service; and judicial decisions interpreting the tax code and rules and regulations. 


2023 USTCP Apprenticeship & Hawaii Federal Tax Clinic 501(c)(3) Pro Bono Program


"The Tax Court Apprenticeship and Student Trial Practice Program in partnership with the Hawaii Federal Tax Clinic is completed after the applicant sits for the bar admission (non-attorney) examination, but before practice begins in U.S. Tax Court. The combined Admission (cost not included here) and Apprenticeship and Student Trial Practice Program may be completed for less than $30,000 USD. 

 

Included in the program is a detailed discussion of Trial Documents used in Tax Court; Legal Writing for USTCPs; Mock Branerton Conference proceedings; and Litigation Strategies for U.S. Tax Court course.  Regular trials are conducted in the Mock Trial Program.


*Payment Plan: $2,570.71 Deposit then 6 monthly installments of $2,570.71 due on 1st of month.


Practice Area Specialization Courses e.g., Tax Fraud Defense, Partnership and Corporate Tax, and Taxation of Certain International Transactions are not included in the cost of this segment of the litigation training program. 


*The cost of the USTCP Apprenticeship and Student Trial Practice Program is $5,995 USD + $125 registration fee for each session - Spring-Summer-Fall 2023 - includes books and materials, access to digital platform, tutorial services, Mock Trial Program and participation in the Student Trial Practice Program via Hawaii Federal Tax Clinic. Payment Plan is available - $2,570.71 per month - for total of 7 monthly installments. Required deposit $2,570.71 + registration fee of $125 due. Please see 'Courses & Fees' "


This program has admission criteria that must be met. Participation in the admissions segment of the TLI program does not necessarily always lend itself to an automatic apprenticeship. TLI reserves the right to deny an apprenticeship where prior academic performance of bar candidate indicates poor prospects for success. 



2023 TENTATIVE CLASS SCHEDULE: 


Spring-Summer-Fall Session 1 | Case Preparation & Management

Class Meets Every Other Saturday beginning Saturday, May 6, 2023, through Saturday, June 3, 2023, 9 a.m. to 12 p.m. EST | Reading assignments | Guest Speakers


Break


Spring-Summer-Fall Session 2 | Mock Trials: Litigation Strategies in U.S. Tax Court

Class Meets Every Other Saturday, June 17, 2023, through July 15, 2023

9 a.m. to 12 p.m. EST | Reading assignments | Mock Trial Program | Individual instruction given by expert trial practitioners


Break


Spring-Summer-Fall Session 3| Mock Student Trial Practice in U.S. Tax Court Pro Bono Program

Saturday, July 29, 2023, through August 26, 2023. | Reading assignments.


Break


Fall Session of U.S. Tax Court September 2023 thru December 2023 | 501(c)(3) Student Trial Practice in U.S. Tax Court Clinics & Pro Bono Program | In accordance with remote calendar of U.S. Tax Court | Documents preparation | Trial Practice | Oral Argument | Under oversight of participating counsels.


All remote classes and video conferencing convene in TLI Virtual Conference Room and break every 50 minutes.


* This guide provides resources about the Court's Zoomgov remote proceedings.  

_______________________________________


LITIGATING IN TAX COURT


1. The Decision to Litigate

     a.  Performing Due Diligence: The Statutory Notice of Deficiency

     b.  Taxpayers' options

     c.  Exhausting All Remedies with IRS


2. Eligibility to Represent a Petitioner

     a. Admission in Good Standing

     b. Skills and Training


3. Managing Client Expectations

     a. Fee Structuring

     b. Expense Predictions

     c. Client and Practitioner Expectations


Trial Documents

          Statutory Notice of Deficiency

          Application for Admission to Practice (Attorneys)

    

PART 1


TAX COURT JURISDICTION


4. Determining Tax Court Jurisdiction Over Actions for Declaratory Relief

     a. Section 7428 Actions

     b. Section 7476 Actions

     c. Section 7477 Actions

     d. Section 7478 Actions

     e. Section 7479 Actions

     f. Section 6234 Actions


5. Determining Tax Court Jurisdiction Over Other Actions

     a. Section 6015 Actions

     b. Section 7436 Actions

     c. Tax Court Rule 240

     d. Section 6512(b) Actions

     e. Other Actions


PART 2


6. PLEADINGS


General Forms of All Pleadings

     a. Allowable Pleadings and Privacy Protections

     b. Purpose of pleadings

     c. Caption and signature

     d. Form and style

     e. Service of pleadings


7. Petition

     a. Time for filing

     b. How to file

     c. Filing fees

     d. Content of petition

    

8. Answer

     a. Time for filing

     b. Content of answer


9. Reply

     a. When a reply is required

     b. Content of a reply and time for filing


10. Small Case Procedures

     a. Purpose

     b. Pleadings


11. Amended and Supplemental Pleadings

     a. Time for amendments

     b. Amending pleadings to conform to evidence presented at trial

     c.  Supplemental pleadings


12. Joinder of Issues

     a. Case is "At Issue"


Trial Documents

          Certificate of Service

          Motion to Waive Filing Fee

          Designation of Place of Trial

          Sample Petitions

          Sample Answer in response to Comprehensive Petition

          S Case Procedure

          Deficiency Petition

          Request for Designation of Place of Trial

          SFR Petition

          Brief for Petitioner

          Opening Brief of Respondent

         Reply Brief for Petitioner

         T.C. Memo 2006-04

         Sample Ownership Disclosure Statement


PART 3


13. PRETRIAL MOTIONS


General Motions and Content of Motions

     a. Purpose of pretrial motions

     b. Form and style

     c. Jurisdictional  motions

     d. Motions regarding the pleadings

     e. Motions to dispose of case without trial

     f. Motions relating to calendared cases


Trial Documents

          Motion for Judgement on the Pleadings

          Petitioner's Motion for Summary Judgment

          Motion to Consolidate

         Motion for Continuance From Trial Session

         Motion for Leave to File a Response to Objection to Motion for Summary Judgment


PART 4


14. DISCOVERY


Informal Approach - Timeframe

     a. Informal discovery process

     b. Timeframe for discovery


Formal Discovery Procedures

     a. In general

     b. Permissible scope of discovery requests

     c. Formal discovery methods

     d. On-going duty to supplement responses

     e. Protective orders and enforcement of discovery tools


Strategies for the Practitioner to Limit Discovery Responses

     a. Analyze requests carefully and narrowly

     b. Assert privilege

     c. Seek a protective order


Trial Documents

          Sample Branerton Letter

          Respondent's Interrogatories to Petitioners

          Respondent's Request for Production of Documents

          Respondent's Request for Admissions

          Motion for Protective Order


PART 5


15. PRETRIAL NEGOTIATIONS


Dispute Resolutions Options

     a. Referral to appeals

     b. Settlement negotiations with Counsel attorney

     c. Mediation

     d. Arbitration


Stipulation of Facts

     a. Duty to stipulate

     b. Form and filing


Trial Documents

          Stipulation of Settled Issues

          Model Agreement to Mediate

          Joint Motion for Voluntary Binding Arbitration 

          Stipulation of Facts


PART 6


16. TRIAL PREPARATION AND PRESENTATION OF CASE


General Considerations

     a. Burden of Proof

     b. Evidence

     c. Expert witness

     d. Entry of appearance and court etiquette


Preparing for Trial

     a. Pretrial memoranda

     b. Calendar call 


Presenting the Case

     a. Opening statement

     b. Offering stipulation of facts into evidence

      c. Presentation of petitioner's case

      d. Presentation of respondent's case

      e. Closing statement


Trial Documents

         Trial Memorandum for Petitioner

         Respondent's Motion for Extension of Time to File Stipulation and Decision Documents

          Expert Witness Report

          Motion in Limine

          Limited Entry of Appearance


PART 7


17. POST TRIAL MATTERS: BRIEFS, OPINIONS, DECISIONS, AND MOTIONS


Post-Trial Formal Briefs

     a. Timing and order for filing

     b. Form and content


Post-Trial Informal Briefs

     a. Informal briefs generally


Repots, Opinions and Decisions

     a. Introduction

     b. Reports

     c. Opinions

     d. Decisions

     e. Tax Court Rule 155 computation

     f. Date of decision


Post-Trial Motions

     a, Motion for reconsideration of findings or opinion

     b.  Motion to vacate or revise decision 


Trial Documents

         Brief for Petitioner

         Reply Brief for Petitioner

         Decision

         Motion for Reconsideration


PART 8


APPEALS


Decision to Appeal

     b.  The petitioner

     b.  The Government


Perfection of an Appeal

     a. Notice of appeal

     b. Standard of appeal

     c. Venue for appeal

     d. Form of appeal

     e. Bond to stay assessment and collection of tax

     f. Appeal to the U.S. Supreme Court


Finality of Tax Court Decision

     a. Rules of Finality


Trial Documents

          United States Tax Court Forms

          Form 2 - Notice of Appeals to a Court of from a Decision of the United States Tax Court


PART 9


SPECIAL MATTERS


Small Tax Court

     a.  Small tax case procedure


Collection Due Process

     a.  Collection due process

     b. Purpose of I.R.C. section 6320

     c. Appeals consideration

     d. I.R.C. section 6320, notice and opportunity for hearing upon filing of notice of lien/requirements of notice

      e. I.R.C. section 6330, notice and opportunity for hearing before levy


Short Discussion Topics

     Combined Notice

      Notice Rules

     Requirements of notice

     Right to CDP hearing

     Conduct of CDP hearings

     Matters Considered ate CDP hearings

     Liabilities not subject to deficiency procedures

     Judicial Review of CDP hearing

     Jurisdiction

     New issues

     Recent case law

     Statute suspension

     Standard of review by the Court

     Effect of request for judicial review on statute of limitation

     Tax Court rules

     CDP hearing record


Spousal Defenses

     Innocent spouse relief

     Relief easier under I.R.C. section 6015

     I.R.C. section 6015 relief

     Knowledge

      I.R.C. section 6015(c), election of separate liability

      Knowledge of the source of an erroneous item

      Divorced, separated or living apart

      Time deadline

      I.R.C. section 6015(f), equitable liability

      Revenue Procedure 2013-34

     Eligibility to be considered for equitable relief

      Circumstances under which the Service will make streamlined determinations granting equitable relief under I.R.C. sections 66(c) and 6015 (f)

      Limitations

     Refunds

     The Tax Court review in "Stand Alone" petition

     Distinction between should have known and actually knew gives rise to I.R.C. section 6015(c) relief

     Nonelecting spouse entitled to challenge grant of innocent spouse relief to former wife

     Nonelecting ex-spouse may intervene in deficiency case where other spouse is claiming section 6016 relief 

    "Item Giving Rise to Deficiency" in omitted income case disputed   


Click photo to read about L.B. Carpenter CPA, CFP, USTCP and his litigation training at TLI. 

Prepare for Practice in the 2024 FALL Session U.S. Tax Court

Visit https://ustaxcourt.gov

Tax Law Institute

1717 N Street NW Washington DC 20036

(202) 800-9230

Copyright © 2001-2023 Tax Law Institute Inc. - All Rights Reserved.  The Tax Law Institute is an IRS Approved Provider of Continuing Professional Education (CPE), RS7E4, in Federal Tax Law and U.S. Tax Court Litigation and Trial Practice. TLI is authorized to prepare federally-authorized tax professionals who may claim the federally authorized tax practitioner privilege. Under the law, the term "federally authorized tax practitioner" (FATP)  means an individual authorized under Federal law to practice before the Internal Revenue Service where the practice is subject to Federal regulation under 31 U.S.C. § 330. The Tax Law Institute has entered into an agreement with the Internal Revenue Service, to meet the requirements of 31 C.F.R., § 10.6(g), covering maintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the IRS as to the quality of the program or its contribution to the professional competence of the enrolled individual.  Send mail to - Registered Agents Inc. for the Tax Law Institute Inc. - 1717 N Street, N.W., Ste. 1, Washington, D.C. 20036. Telephone +1.202.403.0599. 

Clinics & Pro Bono Programs: Nonacademic Clinical Programs

Requirements For Participation in the United States Tax Court Clinical, Student Practice & Calendar Call Program by Nonacademic Clinics

Learn more

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept