Affidavits For Appeals

Affidavits For Appeals

Here’s a quote from a website on IRS appeals that I found. The site belongs to Joe Mastriano, a highly experienced CPA with a lifetime of experience in tax problem solving and IRS representation…

Appealing Failure To File Penalty Code 6551

Signed affidavits switch the burden of proof back to the IRS. Sometimes that doesn’t matter, but many times it does. When in doubt about its effectiveness, I would use one anyway. Here is a general outline…

Affidavits for appeals need to be exact as to facts and conclusions so we make sure you include the following.

Reference to the letter from the IRS that you received with the title and name of the letter. Include the date on the top of the letter.

State specifically what the letter is doing that you take objection too. Then state your objection. For example, if the letter imposes a tax, don’t state the reasons why you can’t pay the tax. State the reasons why you object to the tax being applied to you. For example, you filed your return. You paid the tax already. The code doesn’t allow the penalty to be applied because of a certain reason, etc. Short, sweet, and to the point.

If you are looking for a good penalty code, please visit our website at www.taxproblem.org.

State all facts. Leave out emotions. Include what was happening that led up to the actions you took. State why you took them, and how your actions were the only prudent choice. Show that there was reasonable cause not willful neglect. Show your actions were in good faith, any failure to pay was a result of prudence when providing for payment, and that you still were unable to pay without suffering a hardship, etc.

In many cases there is a set of reasons you have to prove in order to use an affidavit. Google “IRS penalty handbook” and look up “relief from penalties”. You will find the definitions needed to get out of penalties. I have included some other cases in this manual. Once read, you will have a feel for what it takes.

When asking that penalties be removed, make sure that you ask separately for any interest to be removed. Sometimes the IRS removes penalties and forgets to remove the interest that has accrued on those penalties.

Put your declaration at the bottom of the letter. Use words such as “I swear under penalties of perjury that to the best of my knowledge, the above facts contained in this letter are true and complete”. Sign and date the letter.

All you need to know about taxes and the IRS is available freely on Joe Mastriano’s website, and he also has a comment section where he provides quick tips and advice to his users. If you are ever in need of help with penalty removal, call Joe Mastriano’s office and you’ll be in safe hands.

This entry was posted on Tuesday, September 28th, 2010 at 3:51 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.