Complex IRS Penalty Abatement Procedures for Failure-to-File, Failure-to-Pay, and Accuracy-Related Penalties
Mastering Procedural and Practical Ways to Obtain Penalty Abatement; Mitigating Harsh IRS Penalties
Note: CLE credit is not offered on this program
Recording of a 110-minute CPE webinar with Q&A
This course will provide tax professionals with a comprehensive and practical guide to navigating the procedural and efficient ways to obtain a penalty abatement. The panel will cover domestic and foreign information abatement requests and will offer useful tools for compiling and submitting the appeal correspondence and documentation.
- Failure-to-file and failure-to-pay penalties (Sec. 6651)
- Know how and when to attach a penalty non-assertion request to a late-filed return
- Establish an installment agreement
- Estimated tax penalty (Sec. 6655)
- Must learn different methods of calculating penalties
- Effectively use the safe harbor rules
- Accuracy-related penalty (Sec. 6662)
- Determining specific tax authority standards (e.g., the "more likely than not" standard or "substantial authority" standard)
- Fully substantiating a client's reasonable cause defense
- Best use of the Independent Office of Appeals.
- Exploiting the IRS' failure to follow 6751(b). The Graev defense.
- Using CDP hearings to abate penalties
- Foreign informational return penalties (Forms 5471 and 5472)
- Avoiding automatic assessments through the Streamlined Process
- Reasonable cause standard for foreign information reporting forms
- Litigation overview
The panel will discuss these and other relevant topics:
- Penalty abatement qualifying requirements
- Penalty non-assertion request to a late-filed return
- Establishing an installment agreement and adhering to its terms to avoid penalties
- Using very subjective reasonable cause criteria
- Utilizing the "Independent Office of Appeals"
- Methods of calculating penalties
- Qualifying for the first-time abatement program
Dennis N. Brager, Esq.
Certified Tax Specialist
Brager Tax Law Group
Mr. Brager is a nationally known tax litigation attorney, representing clients in criminal and civil tax litigation and... | Read More
Mr. Brager is a nationally known tax litigation attorney, representing clients in criminal and civil tax litigation and tax controversy matters. Before founding the Brager Tax Law Group, a Los Angeles-based tax litigation and tax controversy law firm, he was a senior trial attorney for the Internal Revenue Service’s Office of Chief Counsel. Since 2008 he has represented several hundred clients with offshore accounts. He also represents clients on a variety of issues, including criminal and civil tax fraud, tax audit and appeals, payroll and sales tax problems, tax preparer penalties, innocent spouse defenses, offers in compromise, installment payment agreements, Office of Professional Responsibility (“OPR”) defenses and more.Close
Robert V. Hanson, Esq.
International Tax Attorney
Parent & Parent
Mr. Hanson’s practice focuses on individuals and organizations with offshore assets and international tax... | Read More
Mr. Hanson’s practice focuses on individuals and organizations with offshore assets and international tax exposure. He represents clients during examinations, administrative appeals of FBAR and international information reporting form penalties, and offshore voluntary disclosures, as well as providing advice to taxpayers with foreign businesses regarding possible U.S. tax exposure. Prior to joining the firm, Mr. Hanson worked with low income taxpayers at the University of Connecticut School of Law.Close