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Non-Attorney Representation in Tax Court

IRC §7452

Qualified non-attorneys (such as Enrolled Agents or CPAs who pass the Tax Court exam) cannot be denied admission to practice, potentially reducing legal representation costs.

Eligibility

Taxpayers may hire qualified non-attorney practitioners to represent them in Tax Court proceedings.

Frequently Asked Questions

Who is eligible for the Non-Attorney Representation in Tax Court?

Taxpayers may hire qualified non-attorney practitioners to represent them in Tax Court proceedings.

How does the Non-Attorney Representation in Tax Court work?

Qualified non-attorneys (such as Enrolled Agents or CPAs who pass the Tax Court exam) cannot be denied admission to practice, potentially reducing legal representation costs.

What law authorizes the Non-Attorney Representation in Tax Court?

The Non-Attorney Representation in Tax Court is authorized under IRC §7452 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §7452

Source: Internal Revenue Code, Title 26, United States Code

§ 7452. Representation of parties The Secretary shall be represented by the Chief Counsel for the Internal Revenue Service or his delegate in the same manner before the Tax Court as he has heretofore been represented in proceedings before such Court. The taxpayer shall continue to be represented in accordance with the rules of practice prescribed by the Court. No qualified person shall be denied admission to practice before the Tax Court because of his failure to be a member of any profession or calling. (Aug. 16, 1954, ch. 736, 68A Stat. 884; Pub. L. 86–368, § 2(a), Sept. 22, 1959, 73 Stat. 648; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes Amendments1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”. 1959—Pub. L. 86–368 substituted “Chief Counsel for the Internal Revenue Service or his delegate” for “Assistant General Counsel of the Treasury Department serving as Chief Counsel of the Internal Revenue Service, or the delegate of such Chief Counsel,”. Statutory Notes and Related Subsidiaries Effective Date of 1959 AmendmentAmendment by Pub. L. 86–368 effective when Chief Counsel for Internal Revenue Service first appointed pursuant to amendment of section 7801 of this title by Pub. L. 86–368 qualifies and takes office, see section 3 of Pub. L. 86–368, set out as a note under section 7801 of this title.