Form 0853c - Penalty Waiver Or Abatement Disallowed/appeals Procedure Explained - Sample Page 5

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obligations. However, a review of your account history shows that we
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have charged similar penalties in the past.
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_____________________________________________________________________
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We are sorry, but we are unable to waive the penalty for underpayment
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of estimated tax based on the explanation you gave. We can only waive
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the penalty if you failed to pay because:
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1)
a casualty, disaster, or other unusual circumstance occurred, and
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the imposition of the penalty would be against equity and good
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conscience,
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OR
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2)
you retired during the tax year after reaching age 62
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OR
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3)
you became disabled during a tax year that estimated payments were
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due or during the previous tax year,
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AND
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4)
the underpayment was due to reasonable cause and not to willful
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neglect.
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You asked us to remove the interest as well as the penalty(s) on your
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account. However, the law does not permit us to remove interest for
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reasonable cause. We charge interest on any unpaid tax, regardless of
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whether you had reasonable cause.
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YOUR CURRENT BALANCE
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Your total balance due ________. This amount includes penalty
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and interest figured __________. Please note that we will
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continue to charge interest until the amount you owe is paid in full.
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We've provided a general explanation of the possible penalties
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and/or interest included in the current balance due on your
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account. If you would like a specific explanation of how the
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amounts were computed on your account, please contact us at the
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toll-free number shown in this letter and we will send you a
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detailed computation.
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** Filing and/or Paying Late -- IRC Section 6651 **
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We charge a 5% penalty for filing late, and a 1/2% penalty for
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paying late, when a return is filed late and the tax is not paid
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by the date it was due. When both penalties apply for the same
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month, the penalty for filing late is reduced by the amount of
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the penalty for paying late for that month.
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The penalty for filing late is based on the tax ultimately due,
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which was not paid by the original return due date without regard
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to extensions.
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The penalty for paying late is based on the net unpaid tax at
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the beginning of each penalty month following the payment due
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date for that tax.
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The penalties are charged for each month or part of a month the
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return or payment is late; however, neither penalty can be more

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