Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
How are you in preparing a request to the IRS to abate a penalty based on reasonable cause, concerning IRC Section 6651? A form 7004 instead of form 8868 was filed timely for two Charitable Unitrusts involving the preparation of forms 5227 and 1041-A. Basically, the IRS claims that ignorance of filing requirements is no excuse. It seems to me the penalty is excessive let alone unnecessary, particularly because there is no tax liability involved. Thanks, Dean Pepper, EA
Country/State/Province of question: IL Already Tried: Need to decide whether to respond to an IRS letter 854C by 9/17/09 or file an appeal by 10/25/09.
Hello again Dean, I totally agree with you that the penalty seems unreasonable, especially if your client did file Form 7004, thinking that he was applying for an extension on the due date of the 1041-A. Have you at any point yet correponded with anyone at the IRS concerning this penalty to see what type of feedback they had when you explained that an extension had been filed, but that the wrong form number was used?
Is this where i write the reply?
Yes it is
Hello again Dean, While I cannot actually write the letter for you, my suggestions would be to request the abatement based on the fact that your client acted in good faith, as evidenced by his filing of the Form 7004. And even though this may have inadvertently turned out to be the incorrect form number to use in requesting an extension of time to file, it shows evidence of your client's intent to comply with the regulations for requesting an extension of time to file. His late filing of the Form 1041-A was strictly due to an administrative error due to a misunderstanding in which form number to file for the extension requested, and the late filing was not due to his willful neglect to comply with the regulations. The 1041-A would have been considered as filed on time, if it had not been for the fact that a Form 7004 was filed for an extension rather than the Form 8868 which should have been used. But the basic purpose and intent of those two forms is one and the same, and that is to request an extension of time to file, which was granted to the taxpayer. The taxpayer then complied and filed by the extension due date. The taxpayer acted in good faith in thinking that he was filing the correct form, and the mere submission of a wrong form number should be reasonable casue for abatement of these penalties. If this was helpful please press the Accept button. Thank you Dean. Merlo40056.8872431713
It's helpful, Merlo, but would this be a response to IRS letter of denial? Can I respond to their letter of denial even though they made a decision? Or is my only option to file an appeal. The appeal usually needs new information which I don't think I have.
I'll accept with your reply unless you want further information.
Dean
Hello again Dean, My suggestion would be to just write it as a brand new request, and not in response to the denial. There is no limit on how many times you can write a letter to request an abatement. And the next letter you send in may very well be assigned to another examiner who may make a more favorable decision. If that again fails then you would want to file the appeal, but I would first just try sending this in as a brand new letter, not in follow up to the denial that you received. Thank you Dean, and let me know if you have more questions.
Accountant
25+ years tax consulting. Specializing in returns for US citizens living abroad