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Frequently Asked Questions about Taxation

Q: What is taxation?

A: A tax is a compulsory payment by an individual or business entity to a governmental body. In practice, there may be little practical difference between a tax and a fee or charge. The legal distinctions, however, are important. One reason for this is that many states' constitutions and/or statutes restrict the ability of local governments to raise taxes.

Q: What is the Alternative Minimum Tax?

A: Congress created the alternative minimum tax (AMT) to prevent wealthy taxpayers from paying little or no tax due to various deductions, exemptions and other preferences in the tax code. The AMT requires people to recalculate their taxes using income that would otherwise be exempt from regular taxation.

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Federal Income Tax Issues

Individuals can face a number of tax issues for which the assistance of an attorney is advisable. While an accountant can help an individual with filing his or her federal income tax return, a tax lawyer may be able to help if there are issues with that return. For example, an attorney can assist with IRS audits and litigation with the IRS over refunds or other issues.

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Civil and Criminal Tax Penalties

Failure to pay taxes or follow the Internal Revenue Service's rules and regulations can result in serious civil and criminal penalties. This article highlights the civil penalties for some of the common actions or omissions by taxpayers, as well as the penalties for various tax crimes.

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Taxpayers' Rights Regarding the IRS

In the mid-1990s, the poor treatment many taxpayers received from the Internal Revenue Service (IRS) produced a national effort to establish the rights of taxpayers in dealings with the IRS. In 1996, Congress passed a Taxpayer Bill of Rights Act, which established a Taxpayer Advocate Service within the IRS. Two years later, following hearings investigating IRS abuses of power, Congress passed the IRS Restructuring and Reform Act to restructure the IRS and make it more responsive to taxpayers. This legislation is the starting point for understanding the rights of taxpayers in relation to the IRS, rights that are of particular interest to taxpayers filing the estimated 5 million individual and business returns that annually end up being audited or in some other dispute with the IRS.

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Alternative Minimum Tax

Congress created the alternative minimum tax (AMT) to prevent wealthy taxpayers from paying little or no tax due to various deductions, exemptions and other preferences in the tax code. The AMT is essentially a separate tax system that requires people to recalculate their taxes using income that would otherwise be exempt from regular taxation. For many years, the AMT affected few taxpayers but recently, application of the AMT has grown so rapidly that it now affects several million people.

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