How can I move my Tax Court trial date forward?

Full question:

I have a trial date scheduled for 5-16-11 in Tax Court in San Francisco, CA. I wish to move the trial date forward several months (5 or 6 months), so I can have time to find an attorney to take my case, which I should have done by how, but didn't do. 1.) How do I move the trial date forward? 2.) What form do I use to do this? 3.) Can I talk with the IRS counsel handling the case and work with her to move the trial date into the future? 4.) How many months into the future can I move the trial date - what is standard?

• Category: Civil Actions
• Date: 04/07/2025
• State: California

Answer:

We cannot give legal advice, and this is not an attorney-client relationship. However, we hope this information is helpful.

1.) To move your trial date forward, you need to petition the court for a "continuance," which is a request to postpone the trial to a later date. This is done through a Motion for Continuance.

2.) You can create a document titled "Motion for Continuance" that includes the case heading with the names of the parties, court name, and case number. You should also mail a copy to the government attorney. A hearing will be set where the court will decide whether to grant your motion. The court is not obligated to grant it, but if the government attorney agrees, it is more likely to be approved. Consulting with her first is advisable.

3.) Yes, you can talk with the IRS counsel handling your case to discuss moving the trial date. This could be beneficial, but keep in mind she may not agree.

4.) There is no standard duration for how far into the future you can move the trial date; it depends on what both parties agree upon and what the court allows.

It is recommended that you find a tax attorney soon, as they can request the continuance on your behalf, which is likely to be granted.