Navigating 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

Recording of a 110-minute CPE webinar with Q&A

Conducted on Wednesday, May 3, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This webinar will provide tax professionals with a comprehensive and practical guide to navigating the procedural and practical ways to obtain a penalty abatement. The panel will cover domestic information abatement requests, and will offer useful tools for compiling and submitting the appeal correspondence and documentation.


The IRS assesses many types of penalties against taxpayers: late-filing penalties, late-payment penalties, estimated tax penalties, accuracy-related penalties, and the list goes on. Tax practitioners face these tax penalties on an almost a daily basis, and this webinar will provide procedural and practical ways to obtain a penalty abatement.

The IRS employs strict standards for determining whether a taxpayer qualifies for an abatement of penalties for failure to file required tax returns. TIGTA issued a report indicating that IRS controls over penalties were deficient, leading to incorrect abatement in a large percentage of tested cases. As a result, the IRS increased scrutiny over penalty abatement requests.

The Service has several appeal tracks for denial of abatement requests. Critical to navigating the appeals process is understanding what documentation is required based on the type of appeal and the basis for the taxpayer’s claim. Domestic abatement appeals require a significant amount of substantiation, which can often be difficult to obtain.

Listen as our experienced panel of advisers provides a thorough guide to navigating procedural and practical ways to obtain a penalty abatement.



  1. Failure-to-file and failure-to-pay penalties (Sec. 6651)
    1. Know how and when to attach a penalty non-assertion request to a late-filed return
    2. Learn to effectively establish an installment agreement
    3. Must learn how to effectively use “Office of Appeals”
  2. Estimated tax penalty (Sec. 6655)
    1. Must learn different methods of calculating penalties
    2. Effectively use the safe harbor rules
  3. Accuracy-related penalty (Sec. 6662)
    1. Determining certain tax authority standards (e.g., the “more likely than not” standard or “substantial authority” standard)
    2. Heavily substantiate a client’s reasonable-cause defense


The panel will discuss these and other important topics:

  • Penalty abatement qualifying requirements
  • Avoiding notice stream by using a penalty non-assertion request to a late-filed return.
  • Establishing an installment agreement and adhering to its terms to avoid penalties
  • Effectively using very subjective reasonable cause criteria
  • Utilizing “Office of Appeals” effectively
  • Methods of calculating penalties
  • Which taxpayers can take advantage of the first time abatement program?


Crouch, Joel
Joel N. Crouch

Managing Partner
Meadows Collier Reed Cousins Crouch & Ungerman

Mr. Crouch specializ​es in civil and criminal tax controversies ​involv​ing sophisticated and...  |  Read More

Benjamin J. Peeler, J.D., CPA, LL.M.
Benjamin J. Peeler, J.D., CPA, LL.M.

Eide Bailly

Mr. Peeler leads his firm's IRS Practices & Procedures team as a federal tax, controversy and procedure...  |  Read More

Judi Smith
Judi Smith

The Law Office of Judi Smith

Ms. Smith is in private practice. Previously, she served as the In-House General Counsel and Director of Strategic...  |  Read More

Other Formats
— Anytime, Anywhere


CPE Not Available