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 offer valuable tools for compiling and submitting the appeal correspondence and documentation.
Outline
- 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)
- 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 (for example, Forms 5471, 5472, 3520, and 3520-A)
- Avoiding automatic assessments through the streamlined process
- Reasonable cause standard for foreign information reporting forms
- Litigation overview
Benefits
The panel will discuss these and other relevant topics:
- Penalty abatement qualifying requirements
- Penalty non-assertion request to a late-filed return
- Using very subjective reasonable cause criteria
- Utilizing the Independent Office of Appeals
- Methods of calculating penalties
- Qualifying for the first-time abatement program
Faculty
Igor S. Drabkin
Tax Attorney & Principal
Holtz, Slavett & Drabkin
Mr. Drabkin represents tax clients in disputes with the IRS and state revenue authorities, both administratively... | Read More
Mr. Drabkin represents tax clients in disputes with the IRS and state revenue authorities, both administratively and in court. Previously in his career, he was a senior IRS trial attorney and a special assistant U.S. attorney on bankruptcy cases involving tax matters.
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David J. Warner
Tax Attorney, Shareholder & Managing Principal
Holtz, Slavett & Drabkin
Mr. Warner is a Tax Attorney and the Managing Attorney of the Orange County Office of Holtz, Slavett &... | Read More
Mr. Warner is a Tax Attorney and the Managing Attorney of the Orange County Office of Holtz, Slavett & Drabkin. He has over 10 years of experience practicing in all aspects of tax controversy including tax audits, collection defense, and litigation in the U.S. Tax Court, U.S. District Court, and the Court of Federal Claims. He represents taxpayers in cases involving income tax, estate tax, gift tax, employment tax, collection issues, innocent spouse, penalties, and bankruptcy tax issues. He also represents taxpayers before the California Franchise Tax Board (FTB), Department of Fee and Tax Administration (CDTFA, formerly State Board of Equalization (BOE)), and Employment Development Department (EDD). He has particular expertise in tax matters involving individuals and small businesses, the examination of partnerships and S corporations, and offshore tax compliance issues, including the Report of Foreign Bank and Financial Accounts (FBAR), civil fraud, and offshore information return penalties.
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