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Penalty Appeal & Relief

 
 

The IRS will give tax relief of penalties when allowed by law if you can show you acted reasonably and in good faith or relied on incorrect advice of an IRS employee. The IRS will give relief of interest that is the result of certain errors or delays caused by an IRS employee.

Tax relief from assertion and assessment of penalties falls into four separate categories. They are:

* Reasonable Cause [most common]
* Statutory Exceptions
* Administrative Waivers
* Correction of IRS Error

In 1995 there were approximately 14 tax penalty provisions in the Internal Revenue Code. There are now more than ten times that number. As a result, a simple letter requesting tax relief from penalties ordinarily will not do and is why a properly prepared, detailed petition is critical to success.

Legalese: The Supreme Court of the United States established what it calls a rule "with as ‘bright’ a line as can be drawn" for application of penalties. To escape a penalty, a taxpayer bears a "heavy burden of proving both (1) that the failure did not result from ‘willful neglect,’ and (2) that the failure was due to ‘reasonable cause.’ United States v. Boyle (1985). "Willful neglect" means a conscious, intentional failure or reckless indifference." "Reasonable cause" is defined to mean "ordinary business care and prudence." While this must be an objective factual determination, it is a very strict standard. 

In layman’s terms: A taxpayer must prove their failure to timely file a tax return, pay or deposit a tax was the result neither of carelessness, reckless indifference, nor intentional failure. Whether the elements that constitute "reasonable cause" are present in a given situation is a question of fact, but what elements must be present to constitute "reasonable cause" is a question of law. 

Get tax relief from IRS penalties by contacting us toll free at 877-426-3121 for a Consultation.  Or by using our on-line form for a confidential tax analysis. Online Form

 

   

 

 

 

 

 

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