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 Thursday, November 1, 2018

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 efficient 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 a reduction in 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. Understanding the required documentation, which depends on the type of appeal and the basis for the taxpayer’s claim, is critical to navigating the appeals process. 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. Establish an installment agreement
    3. How to 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
  4. Foreign Informational Return Penalties (Secs. 6038, 6046)
    1. Avoiding Automatic assessments
    2. Reasonable cause standard
    3. Litigation pitfalls


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 “Office of Appeals”
  • Methods of calculating penalties
  • Qualifying for the first-time abatement program


Brager, Dennis N.
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

Hanson, Robert
Robert V. Hanson, Esq.

International Tax Attorney
Parent & Parent

Mr. Hanson is the lead attorney in the firm’s International Tax department. He received the CALI Academic...  |  Read More

Parent, Anthony
Anthony E. Parent

Founding Partner
Parent & Parent

Mr. Parent is the founding partner of his firm, and has a tremendous amount of success in opt-out audits and FBAR...  |  Read More

Other Formats
— Anytime, Anywhere


CPE Not Available