Legal Question in Tax Law in California

Right to Jury Truial in a Federal Tax Lien Lawsuit

The IRS sued a Trust (to force the sale of real property) to enforce a tax lien. Defendants want jury trial. Court says it doesn't know if that right applies, due to 26 USC Secs. 7401 and 7403. Brief is due 9/25. Does the right apply?


Asked on 9/24/07, 11:45 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Right to Jury Trial in a Federal Tax Lien Lawsuit

How would I know? Surely the trustee has long ago retained an attorney who will research the matter and draft and file the appropriate brief. If not, the wrong person is occupying the office of trustee. If you were to try and hire me to file a brief, that was due in one day, on some complex tax issue in federal court, you would be laughed out of my office. Or I would quote you a very high fee.

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Answered on 9/24/07, 11:53 pm


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