Become a Member of the Bar United States Tax Court

The Guidebook is not yet available. It will be published in 2022. 

​​​​​​​Introduction

In the first pocket guidebook ever written about non-attorney U.S. Tax Court admission and trial practice, Michael Stuart and colleagues illuminate, in plain language, the challenges faced by non-attorney, federally authorized tax practitioners who struggle to become a "United States Tax Court Practitioner" - designation that grants approval to the nonlawyer-tax practitioner to engage in legal practice and representation of taxpayers in U.S. Tax Court; and who are in turn recognized by the Court as a "Tax Litigation Counsel" for the Petitioner.

Stuart is a veteran U.S. Tax Court observer and lecturer in trial practice and tax litigation at the Tax Law Institute. This Guidebook examines the frustrations among many IRS Enrolled Agents and CPAs who are unable to pass the U.S. Tax Court non-attorney examination. However, he goes on to address the other cause for the low admission rate, and one that seems to affect a greater number of applicants each Testing Cycle - an inability to pass muster with the FBI. The most commonly cited reason is an applicant's failure to make "full disclosure" on their application to the Court. (In past years, several persons who passed the exam were denied bar admission due to various "undisclosed matters" uncovered during the FBI vetting process.)

Michael Stuart has been working with IRS enrolled agents and CPAs engaged in federal tax practice since 2006. This Guidebook explains straight-forwardly what is required of tax accounting professionals if they wish to obtain a minimum 70% passing grade in each of the four tested subjects found in the U.S. Tax Court Non-Attorney Examination - administered once every other year in Washington DC. His book is a "must read" for anyone who is about to take the test as well as for anyone who has taken it and failed. It is also a book for those who have passed but who have not yet been engaged in Tax Court litigation, perhaps for lack of know-how.

About the Author/Editor

Michael Stuart is the IRS Approved CPE Provider at the Tax Law Institute. Operating under the auspices of the U.S. Treasury Department, Internal Revenue Service Office of Professional Responsibility he is charged to teach IRS approved continuing professional education courses to federally authorized tax practitioners. He is a specialist in U.S. Tax Court litigation. His strategic approach has been applied successfully at trial and in other proceedings pro se and by bar-admitted FATPs in U.S. Tax Courts throughout the national jurisdiction. As an educator, he works closely with various tax professionals and judicial officers, including a former Tax Court judge, federal tax scholars, legal authors, IRS enrolled agents, tax attorneys and CPA - all members of the Tax Court Bar and all of whom provide exceptional counsel, advice, criticism, and support. But, the greatest contributions come from the bar applicants themselves.

Eight years ago, Stuart negotiated and formed a collaborative between the Tax Law Institute and the University of Alabama School of Law Graduate Tax Program that granted "open admission" to IRS enrolled agents to earn the Certificate in Tax Law in exchange for TLI training LL.M. graduates to practice in Tax Court. The year before he convinced a retiring U.S. Tax Court judge of the value of judicial oversight in the legal education of non-attorneys. The judge, the Honorable John F. Dean, has just completed his 5th testing cycle providing legal instruction as the distinguished judicial speaker emeritus to aidnon-attorney bar applicants.

Immediately after completing his J.D. in 2001, Michael Stuart re-entered public service as a legal aide volunteer. Supervised by the head of the Bankruptcy Unit of the Consumer Division at the Legal Aid Society, he acted as a liaison between the IRS and indigent clients. Prior to attending law school, he had spent 20 years on Wall Street, trained in international business relations at the Fletcher School of Law and Diplomacy and earned a master's degree in international relations from Harvard. Afterwards, he advised the White House worked with the deputy assistant to the President on matters of tax policy which he memorialized in a position paper to the President. He then received an appointment as visiting scholar of public policy (taxation) at Yale Law School. Not long after, he was recruited by the HIFIP at the Center for Middle Eastern Studies at Harvard.  

To follow is an excerpt from the Guidebook that offers some tips to anyone considering applying to the U.S. Tax Court. The chapter entitled, "Seven-Things You Must Do..." is realistic, sobering and instructive. It sends a clear message to Tax Court bar applicants that proper preparation is the key to passing the exam. The Guidebook concludes by reminding the reader that admission to the Tax Court bar is no easy pass, even for the most seasoned tax professional.

Chapter Excerpt

Seven Things You Must Do to Prepare for the U.S. Tax Court Non-Attorney (Bar) Exam

1.  It absolutely takes complete concentration to prepare for the U.S. Tax Court Non-Attorney Exam (although repeat test-takers usually need only a comprehensive review they would be well-advised to sign-up for a minimum 6-month review).  You must have a good understanding of the litigation process and the steps involved if you are to be admitted to practice in the U.S. Tax Court as a United States Tax Court Practitioner..

2.  Prior to the test, you should self-execute an investigation into your own background. It is advisable that you do this before you submit your Application to the Tax Court. If you pass the test then your final hurdle is to pass muster with the FBI. Know before you apply! P.S. Checkout Lexis-Nexis. They can help. 

3.  You should enroll in a reputable exam prep program, similar to one presented at the Tax Law Institute. Keep in mind that the Tax Law Institute is where you can hear former U.S. Tax Court Special Trial Judge John F. Dean and other members of the Teaching Faculty "speak-to-the-test". Specifically, they discuss how litigation unfolds - a process you must understand, if you want to answer correctly the questions that appear on the non-attorney exam. Further, they describe how tax Court evidence is presented and finds its way into the record. You will hear guest speakers discuss tax court cases decided since the last exam that the Substantive Tax Law section is certain to test. Finally, you will hear all about the U.S. Tax Court rules, trial procedure and courtroom practices that you are expected to know if you want to pass. 

4.  You must learn to recognize "question-types" in the Non-attorney Exam. Most importantly, you must learn how to respond quickly and confidently with answers that get full or partial credit. You can only do this if you are properly trained. The TLI program will provide that sort of training. The program is rigorous and thorough, but also lots of fun. It will prepare you to do your best. And it is the only Tax Court Bar prep program that provides unlimited, free tutorials for any applicant who needs help. And for the 2021 Testing Cycle, we developed a digital study platform aka U.S. Tax Court Litigator. There, you can find all the tested subjects, prior exams with suggested answers, quizzes, notable published Tax Court opinions, cases, etc. Soon, we will add course content for Federal Income Taxation of Individuals and Corporate and Partnership Taxation. With the opening of our virtual Moot Tax Court Program, future bar applicants in the Student Trial Practice Program will have the opportunity to re-prosecute actual cases already adjudicated.

5.  You must learn what to focus on to pass the Exam. And also, you must have some sense of how much time, expense, and effort you want to invest to get yourself admitted to the Tax Court Bar. Remember that any preparation is not going to be done cheaply, especially if you consider that it could take several attempts before you as an applicant pass the exam. But to ensure that success does come sooner rather than later, you should enroll in an exam preparation program that will give you a-better-than-70%-chance to pass and where you'll get the 'most bang for your buck'. Remember, if you pass and are vetted by the FBI, you can set-up practice with your bar registration number, right away (although we recommend an apprenticeship before you actually go into a courtroom). But, if you are unsuccessful on the Exam, at the very least, you should have gained insight and picked up valuable training that should help improve your current practice and increase your chances for passing during the next administration of the exam. And, from a financial point of view you should keep in mind that only TLI allows unsuccessful test-takers to repeat the bar prep course at no additional charge if they don't pass the first administration of the exam (does not include costs for hotel accommodations and meals where applicable).

6.  You must assure yourself that after you complete the TLI Tax Court Exam Bar Review you will have possess the basic skills-set you'll need to pass the Non-attorney Examination! That is why if you become a bar applicant and decide to train with us it is important to properly prepare for each class by completing the assigned readings beforehand and by taking fastidious notes. And you must study, study, study, and then study some more! If you are not willing to put in the time, then save your money because you will not pass. Those who do pass are the ones who show up prepared for class, ask questions, ask for help, and devote 3-4 hours every day or evening to reading and re-reading and reviewing their notes other reading materials. 

n(And don't forget to visit the Court's website, ofte)

7.  Remember that "Admitted to Practice, U.S. Tax Court," should not be just another qualification to put on your resume." You must learn all the rules and you must learn how to litigate. If you know and understand the rules and the litigation process, then you will be able to answer correctly most questions in the exam (and in which case you'll pass and be admitted, subject to an FBI check). After doing that you can launch your practice and have the confidence to take on just about any case-type. (And, if you ever think you're in over your head, just contact our litigation affiliate, U.S. Tax Court Litigators Corp. Their staff will provide low-cost litigation assistance to help get you through your case successfully. Or, at the very least, they will help to settle your case to your client's satisfaction.)

TLI provides the Two Sponsorship Letters Required by the Court

TLI faculty members (or an associate counsel) of the U.S. Tax Court bar will write the two required recommendation letters to the U.S. Tax Court Office of Admissions for any applicant who receives a passing grade in all four (4) sections of the Non-attorney Examination. This, however, is subject to the applicant's full disclosure of the findings of the self-requested background check. (In that regard, please note that each Testing Cycle, inevitably, an applicant who passes the exam is denied admission to the Tax Court Bar, often due to their failure to fully disclose on their application.)

Questions? Please email michaeljerome.stuart@aya.yale.edu