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100 S.E. 3rd Ave., Suite 2202Fort Lauderdale, FL 33394
8875 Hidden River Parkway, Suite 300 Tampa, FL 33637

Florida Tax Litigation Attorney

Regarding Florida Tax Litigation

Taxpayer problems usually begin when they receive a Form DR-840, letting them know that the Department of Revenue (DOR) intends to conduct a Florida tax audit on them or their business. Businesses will often utilize their CPAs or, occasionally, in-house tax department to handle Florida tax audits. Even if the audit is handled expertly by the CPA or tax department, the Florida Department of Revenue may still take aggressive positions against the taxpayer or may simply be unreasonable. After the Notice of Proposed Assessment is issued, one can protest or challenge the assessment of the DOR and if this is not done, then amount you owe becomes final. At this point you can still ask for reconsideration of the assessment in the form of a settlement negotiation. When settlement negotiations are not working during or after the audit, then the taxpayer has a small window of time to use the only other means of getting a just result - litigation. If a taxpayer does not file a complaint or petition within 60 days of the final assessment, then the ability to litigate or even protest their tax debt becomes much more difficult.

The attorneys at the Law Offices of Moffa, Gainor, & Sutton, P.A. have worked for over 5 decades assisting Florida taxpayers who need to litigate their tax matters to get just results. Our firm focuses on the tough situations, the times when hard-hitting actions are needed to take a negative situation and get the very best out of it. Additionally, we work with CPAs and attorneys whose clients need aggressive legal help when dealing with the DOR or other tax authorities. In fact, we have found that is not uncommon for the start of the litigation process to be the most effective settlement tactic the taxpayer has.

Settling Your Case

When a taxpayer sues the Department of Revenue (DOR), it can change how the DOR views a tax situation, sometimes dramatically. The litigation department of the DOR may decide that the issue an auditor was so worked up about is not a viable issue to litigate. Alternatively, the litigation deparment might view the potential consequences of losing the case and being bound by the decision for all other taxpayers. Under the right circumstances, this can make settlement negotiations much easier and more successful once litigation has begun. If we bring your case to litigation, the DOR's ability to reach a compromise changes, which may be used to your business or your client's advantage. Additionally, a large percentage of litigated cases are settled without a final court decision.

To find out how tax litigation may be the tool needed to successfully resolve your tax problems, contact a Florida tax litigation attorney from our firm today.

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