late filling penalty for S Corp

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  • tacks
    Senior Member
    • Feb 2009
    • 276

    #1

    late filling penalty for S Corp

    My client got one for roughly 1,275. How do i go about trying to get this abated?

    We had filed the S Corp return by 9-15-10 with the 7004 extension form attached. This was the first year for the client.

    The IRS did send us a notice stating that they accepted the late filed S election. I argued "reasonable" cause for filing the election late pursuant to Rev Proc 2007-62 and 2007-48.

    Any advice on how to get this penalty waived would be appreciated.

    thanks
  • DaveO
    Senior Member
    • Dec 2005
    • 1453

    #2
    I have had good luck by stating it was the first year and circumstances; work load, divorce, weather, loss of records, etc., caused the return to be filed late. Promise better complience in the future.
    In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
    Alexis de Tocqueville

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    • BHoffman
      Senior Member
      • Feb 2008
      • 1768

      #3
      Last I knew, the IRS will give a one-time abatement upon request.

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      • oceanlovin'ea
        Senior Member
        • Jun 2005
        • 2682

        #4
        just call

        Yes the IRS gives a one time abatement. All you have to do is call either the number on the letter or PPS and tell them this is the first time for filing and the first time being late. They will abate it while you are on the phone.

        Had to do this a couple of times for clients.

        Linda

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        • tacks
          Senior Member
          • Feb 2009
          • 276

          #5
          Thanks

          These posts are all very encouraging. I'll let you know how i make out.

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          • tacks
            Senior Member
            • Feb 2009
            • 276

            #6
            Thanks. We got it.

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