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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 12044
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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JA: . What do you want help with? Customer:

Customer Question

JA: Hello. What do you want help with?
Customer: I received a tax assessment as I filed and paid my NYS taxes for 2014 on October 12, 2015
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Customer: They assessed me with a late filing and late payment penalty that is quite high.
JA: The Accountant will know how to help. Please tell me more so we can help you best.
Customer: However, I think I had a reasonable cause for filing in October as I was pregnant with expected due date on May 5, 2015
JA: Anything else I can tell the Accountant before I connect you two?
Customer: and I had a very difficult pregnancy with health issues
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Accountant about your situation and connect you two.
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
Hi,...I agree that you had reasonable cause ... SO many times those that simply procrastinate or relied on bad advice from a non-professional ask for penalty abatement for reasonable cause and are not successful....But health issues are one of the things that DO get consideration....20 NYCRR § 536.1(c), entitled “Penalties and interest,” provides for waiver of penalties if a taxpayer’s failure to pay “was due to reasonable cause and not due to willful neglect.
Expert:  Lane replied 1 year ago.
Finally, 20 NYCRR § 2392.1(d)(5) provides the following general test for determining whether the failure of a taxpayer to pay tax was due to reasonable cause:...“Any other ground for delinquency which would appear to a person of ordinary prudence and intelligence as a reasonable cause for delay and which clearly indicates an absence of willful neglect may be determined to be a reasonable cause.”...I would use these citations in your request AND provide specific details and any documentation possible of the difficulties and pther health issue in your request....Please let me know if you have any questions at all....If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit That’s the only way JustAnswer will credit us for the work here....Thank you!Lane……I hold a JD (Juris Doctorate, the law degree), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security & Medicare, estate, corporate & tax advice since 1986.