Author: Milton Law Group

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What Did a DOJ Tax Division Trial Attorney Do? Inside the Federal Government’s Tax Litigation Arm

The title "DOJ Tax Division Trial Attorney" carries weight in legal circles, but most taxpayers have only a vague sense of what the job actually involved. For nearly 90 years, these were the lawyers the federal government sent into court to represent the United States in tax cases. They handled refund suits, lien foreclosures, injunction actions against tax shelter promoters, criminal tax prosecutions, and a long list of other matters that made up the federal tax docket. Understanding what Trial Attorneys actually did inside the Tax Division, and why that work was demanding and substantively rich, helps explain why former...

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Mark Milton Weighs In on Federal NIL Legislation and the Future of College Sports

Key Takeaways A bipartisan federal bill led by Sen. Eric Schmitt, Sen. Ted Cruz, and Sen. Maria Cantwell aims to create one national set of rules for college athletics. Mark Milton, who advises athletes and entertainers on the tax side of NIL deals, was quoted on why only Congress can grant the NCAA an antitrust exemption. The proposal includes a narrow antitrust safe harbor, transfer guardrails, and protections framed around women's and Olympic sports. How the bill defines "fair market value" and "legitimate business purpose" could shape what athletes are allowed to earn. NILTaxLawyer Mark Milton, Founder and Managing Attorney of Milton Law Group, was...

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What Happened to the DOJ Tax Division? Understanding the Restructuring of Federal Tax Litigation

For nearly 90 years, the U.S. Department of Justice Tax Division was the federal government's centralized arm for tax litigation. It represented the United States in tax cases nationwide, prosecuted federal tax crimes alongside U.S. Attorneys' Offices, and built decades of institutional knowledge about how complex tax cases get litigated in federal court. Then it was dissolved. For taxpayers, tax professionals, and anyone trying to understand who now handles federal tax cases on the government's side, the restructuring has created confusion. This article explains what the Tax Division was, why its elimination matters, where its functions went, and what the...

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Why Hire a Former DOJ Tax Division Attorney? What Mark Milton’s Federal Government Experience Means for Your IRS Case

When a taxpayer faces a serious IRS problem, the question of who handles the case often matters as much as the legal strategy itself. A former U.S. Department of Justice Tax Division attorney brings something most tax lawyers cannot: direct experience representing the federal government in tax litigation, a working understanding of how the IRS and DOJ build and evaluate cases internally, and the credibility that comes with having been on the government's side of the table. Mark C. Milton, Founder and Managing Attorney of Milton Law Group, served as a Trial Attorney in the DOJ Tax Division — the...

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IRS Issues Erroneous CP35E Notices to Millions of Taxpayers: What Milton Law Group Clients Need to Know

In late April and early May 2026, the IRS mistakenly issued millions of CP35E notices stating: “We couldn’t direct deposit your 2025 Form 1040 refund.” These notices were sent even to taxpayers who were not owed a refund - including many who had a balance due on their 2025 return. This widespread error has caused understandable confusion, especially because the CP35E notice is normally associated with the IRS’s new direct-deposit verification process tied to the federal shift away from paper refund checks. What Is a CP35E Notice? The CP35E notice is part of the IRS’s updated refund-processing system. It is typically issued when...

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5 Things You Must Have in Your Estate Plan

Estate planning is not just for the ultra-wealthy. If you own property, have a bank account, or have minor children, you need a plan in place to protect your family's future. In this week's 5 on Fridays, Mark Milton breaks down the five essential components every estate plan must include. https://youtube.com/shorts/qyspL2ve3g8?si=kwKmHC_XWj9Cw-AL 1. A Will (Specifically a Pour-Over Will) A will is the foundation of your estate plan. It explicitly decides who gets your assets and, crucially, who will take care of your minor children if you pass away. For most of our clients, we utilize a "pour-over will." This means that upon your death,...

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5 Essential Post-Tax Day Tips to Set Yourself Up for Success

Tax Day is officially behind us! While most people breathe a sigh of relief on April 15th and forget about the IRS until next year, the smartest taxpayers know that post-Tax Day is actually the most critical time to set yourself up for financial success. https://youtube.com/shorts/k_UOFn6E0UI?feature=share In our latest installment of 5 on Fridays, former U.S. Department of Justice Tax Attorney Mark Milton breaks down the top five things you should be doing right now to minimize your tax burden and avoid massive headaches next tax season. 1. Send a Thank You Note to Your Tax Professional If you have a tax pro who...

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5 Things You Must Do Before the April 15 Tax Deadline

Tax Day, April 15th, is rapidly approaching. Whether you have your documents neatly organized or you are scrambling at the last minute, the impending deadline can induce a lot of anxiety. However, panicking or worse, ignoring the deadline entirely, will only lead to IRS penalties. https://youtube.com/shorts/zDCuhH22ZdU?si=4Istr3Hr1iPqhEww In this week’s "5 on Fridays," Managing Attorney Mark Milton breaks down the five essential things you need to do before Wednesday, April 15th, to ensure you stay compliant and protect your wallet. 1. Pull Your IRS Wage and Income Transcripts If you haven't started gathering your tax documents yet, you need to act fast. A common mistake...

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How Are Gambling and Sports Betting Winnings Taxed?

With the rise of legalized sports betting apps and the ever-present allure of the casino floor, more taxpayers than ever are finding themselves with gambling winnings. But a big win can quickly become a headache if you don’t understand how the IRS views that income. https://youtube.com/shorts/fMJ1YTgiuOg?feature=share In a special March Madness edition of "5 on Fridays," Managing Attorney Mark Milton outlines the five essential rules you need to know about gambling and your taxes. 1. All Gambling Income is Taxable The golden rule of gambling taxes is simple: if you win, the IRS expects you to report it. Whether you hit a jackpot at...

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The Kwong v. United States Decision: A Path to IRS Refunds

https://youtube.com/shorts/68DgQ0CIPWM?si=6pt7u73ie6TovbmR Can I get an IRS penalty refund due to COVID-19? Yes. A landmark court decision, Kwong v. United States, ruled that the IRS improperly charged penalties and interest during the COVID-19 pandemic. If you paid Failure-to-File, Failure-to-Pay, or Underpayment Interest and/or late-payment interest on tax obligations due between January 20, 2020, and July 10, 2023, you may be eligible for a full refund or abatement. For most taxpayers, the deadline to file refund or abatement claims is July 10, 2026. The Kwong v. United States Decision: A Path to IRS Refunds A late-2025 court decision from the U.S. Court of Federal Claims, Kwong v. United States, has...

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