Milwaukee Tax Litigation Attorneys

When a tax dispute cannot be resolved through an audit, administrative appeal, or negotiation, litigation may be necessary to protect your rights and challenge an improper assessment. At Moskowitz LLP, our team of lawyers and professionals combine legal and accounting experience to provide valuable counsel to individuals and businesses in cases that rise to tax litigation. Milwaukee tax attorney, Travis DeLucenay, JD, CPA successfully represents clients that are facing various tax disputes with the IRS (before The United States Tax Court) and the Wisconsin DOR (before the Wisconsin Tax Appeals Commission).

Tax litigation can involve substantial financial consequences, including disputed business deductions, federal income tax deficiencies, penalties, collection actions, and disagreements over how tax laws apply to specific transactions. Rather than accepting an unfavorable determination without further review, taxpayers may have opportunities to challenge the government’s position through the appropriate administrative or judicial forum.

Moskowitz LLP’s Milwaukee office is located at 1433 N Water Street, Milwaukee, WI 53202, near the Milwaukee River and the city’s Lower East Side. We serve individuals and businesses throughout Milwaukee County and the greater southeastern Wisconsin region. We also represent individuals and businesses throughout the state to include Dane county and all counties up north.

To discuss a federal or Wisconsin tax controversy, call 414-200-0030 or schedule a confidential consultation.

Recent Client Review: More Than $136,000 in Disputed Taxes and Penalties Reduced

"I have been with Steve’s firm over the last 3 years. It was all new to me being audited and threatened with letters by the IRS of audit. Then recalculating previous tax years and deciding I owe more with penalties and interest. And even having to prepare for tax court. The whole time I felt I was in good hands with this law firm. Each lawyer and their legal assistants that were handling my cases, treated me professionally, supportive and were always updating me with how it was progressing and if I had questions for them. One tax year, they even managed to get an IRS demand thrown out for legal reasons the IRS would have never told me if I was on my own! I was looking at revised audits for 4 years and demand estimated back payments and penalties well over $150,000! It’s been reduced to under $14,000 settled on. I have had a most positive experience dealing with Steve and his staff. I trust them."

— Verified Google Review from Mel C.

Choose Moskowitz LLP for Federal and Wisconsin Tax Litigation

Wisconsin taxpayers may also face disputes involving state income taxes, corporate franchise taxes, sales and use taxes, and employer withholding obligations. These matters can involve administrative review by the Wisconsin Department of Revenue, proceedings before the Wisconsin Tax Appeals Commission, or judicial review in Wisconsin courts. Challenging a tax assessment requires more than disagreeing with the government’s calculations. Successful litigation depends on understanding the applicable tax laws, procedural requirements, evidentiary standards, and deadlines governing the dispute.

At Moskowitz LLP, our tax lawyers work alongside CPAs and other financial professionals to analyze the facts, identify potential legal defenses, and prepare cases for administrative hearings or court proceedings. We recognize that litigation is not always the most efficient resolution. Our objective is to evaluate every available option, including administrative appeals, negotiated settlements, and court proceedings, to determine the appropriate strategy for each client’s circumstances.

Milwaukee Tax Litigation Cases We Handle

Our tax litigation professionals assist with federal and state tax controversies involving a wide range of legal and financial issues.

U.S. Tax Court Litigation

Disallowed Business Expense Deductions: Challenging IRS determinations that deny legitimate business expenses or question supporting documentation.

Passive Activity Loss Disputes: Addressing disagreements over material participation, passive losses, and the tax treatment of business or investment activities.

Collection Due Process Litigation: Seeking judicial review of eligible IRS collection determinations involving liens, levies, or proposed enforcement actions.

Real Estate Professional Status Disputes: Challenging determinations involving real estate professional qualifications, rental activity losses, and participation requirements.

IRS Procedural Violations: Evaluating whether the IRS complied with applicable notice requirements, statutory deadlines, and procedural safeguards.

Solar and Energy Tax Credit Disputes: Addressing challenges involving eligibility, documentation, and calculations for qualifying federal energy tax credits.

Depreciation Deduction Disputes: Contesting IRS adjustments involving asset classifications, depreciation methods, and allowable deductions.

Tax Basis Calculation Disputes: Resolving disagreements involving real estate basis, stock transactions, shareholder basis, and investment-related calculations.

Federal District Court Litigation

Federal Tax Refund Litigation: Pursuing qualifying refund claims after satisfying applicable payment, administrative claim, and jurisdictional requirements.

Employee Retention Credit (ERC) Disputes: Evaluating available litigation options involving denied or disputed ERC refund claims, subject to applicable statutory and procedural requirements.

Other Federal Tax Controversies: Addressing qualifying disputes within federal district court jurisdiction, including certain collection-related and procedural matters.

Wisconsin Tax Appeals and State-Level Litigation

Wisconsin Department of Revenue Assessments: Challenging disputed state income, corporate franchise, sales, and use tax assessments.

Wisconsin Tax Appeals Commission Proceedings: Representing taxpayers in eligible disputes following the applicable Department of Revenue review process.

Sales and Use Tax Disputes: Addressing disagreements involving taxable transactions, exemptions, nexus, and business tax reporting.

Wisconsin Business Tax Disputes: Evaluating contested corporate income, franchise tax, and pass-through entity tax determinations.

Judicial Review of State Tax Decisions: Pursuing available court review of qualifying administrative decisions under Wisconsin law.

Tax Court Representation Built for Trial, Even When Settlement Is the Goal

Litigation does not always mean a case will proceed to trial. Many federal tax controversies are resolved through settlement discussions after a petition has been filed. However, meaningful settlement negotiations require a thorough understanding of the evidence, applicable law, and potential litigation risks. At Moskowitz LLP, we prepare tax cases with attention to both negotiated resolution and courtroom advocacy. Our Milwaukee tax litigation team evaluates the strengths and weaknesses of the government’s position, organize supporting documentation, and develop arguments that can be presented effectively if a trial becomes necessary.

Why Consider U.S. Tax Court?

Dispute Certain Tax Assessments Without Paying First

One of the most significant advantages of U.S. Tax Court is that taxpayers can generally challenge qualifying IRS deficiency determinations without first paying the disputed tax. This can be particularly important for individuals and businesses facing substantial proposed assessments that would create financial hardship if payment were required before judicial review. However, Tax Court jurisdiction depends on the type of dispute and compliance with applicable filing deadlines. For many deficiency cases, taxpayers generally have 90 days from the mailing of a statutory notice of deficiency to file a petition, with certain exceptions.

Independent Judicial Review

The U.S. Tax Court provides an independent judicial forum for resolving federal tax controversies. Tax Court judges specialize in federal tax law and evaluate disputes based on the applicable statutes, regulations, evidence, and legal arguments presented. For taxpayers who disagree with an IRS determination, judicial review provides an opportunity to challenge the agency’s position before a neutral decision-maker.

Opportunities for Negotiated Resolution

Filing a Tax Court petition can create additional opportunities to resolve a dispute through discussions with IRS counsel. Settlement may be appropriate when the parties can reach an agreement concerning disputed facts, legal interpretations, or the amount of tax owed. Our Milwaukee tax litigation lawyers evaluate potential settlements in light of evidentiary considerations and the client’s financial objectives.

Strategic Legal Representation

Tax litigation involves technical legal standards and procedural rules that can significantly affect the outcome of a case. Issues such as the burden of proof, admissibility of evidence, statutory deadlines, and jurisdiction must be carefully evaluated. Our team develops litigation strategies based on the facts, applicable tax law, and the procedural requirements of the forum hearing the dispute.

Contact Our Tax Litigation Attorneys in Milwaukee, Wisconsin

A disputed tax assessment can affect your business operations, personal finances, and long-term financial stability. Whether you’re challenging an IRS deficiency, disputing a Wisconsin tax assessment, or considering litigation after an unfavorable administrative decision, understanding your legal options is essential. At Moskowitz LLP, our tax attorneys and financial professionals provide strategic representation for individuals and businesses throughout the greater Milwaukee area and all of Wisconsin.

Call our Milwaukee office at 414-200-0030 or schedule a confidential consultation to discuss your federal or Wisconsin tax dispute.