- 7 - I ask that you respond within the next 30 days to discuss the case, or set a time and date to discuss the case * * *. [Reproduced literally.] On November 16, 2004, the Appeals officer held a telephonic hearing with petitioner’s authorized representative. By letter dated November 16, 2004, the Appeals officer sent petitioner’s authorized representative a copy of a transcript of the IRS’s account with respect to petitioner’s taxable year 1999. On or about December 30, 2004, petitioner’s authorized representative sent the Appeals officer a letter (petitioner’s December 30, 2004 letter). That letter stated in pertinent part: We are asking for abatement of penalties for this case due to reasonable cause, based upon consideration of the following facts. The main penalty that has been applied is the failure to file penalty under Section 6651(a)(1). The original return was filed by the October 15, 2000 extended due date. However, the return was not signed by the tax- payer. It is our understanding that the IRS has had a longstanding policy of waiving this penalty if the error is corrected. In this case the error was indeed corrected when the taxpayer was notified of this over- sight. Thus, we request that this penalty be abated, as the taxpayer moved to correct this error as quick as possible once it was discovered. Further, please note that the taxpayer suffered a relapse of his hydrocephalus during 1999 and spent most of the last four months of 1999 hospitalized during which time he underwent multiple brain surgeries and had a shunt placed in his brain to reduce fluid pres- sure. This condition rendered the taxpayer very much like an Alzheimer’s patient, unable to remember or care for himself and very much at the mercy of the former CPA’s direction in this matter. The other penalty charged in this case is the failure to pay penalty under Section 6651(a)(2). As a firstPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011