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I'm so sorry you're dealing with this stress! As someone who's been through similar IRS documentation nightmares, I wanted to share a few additional tips that might help strengthen your appeal: First, when you file Form 12203, consider requesting a "Collection Due Process" hearing as well if they've started any collection actions. This gives you additional procedural protections. Second, in your appeal letter, specifically mention that you're disputing the "determination" rather than just asking for reconsideration. The IRS treats these differently, and a formal dispute of their determination carries more weight. Also, if you still have that original USPS priority mail receipt from April 16th (even without tracking updates), include a copy of that too. Sometimes USPS can provide additional documentation about delivery attempts or processing delays during peak tax season that could support your case. The fact that your transcript shows April 18, 2022 as the received date is huge - that's the IRS's own record contradicting their 105c letter. Focus heavily on that discrepancy in your appeal. You might even want to highlight or circle that date on the transcript copy you submit. Hang in there - you have strong evidence and a good chance of success!
This is incredibly helpful advice, Diego! I hadn't thought about the distinction between disputing a "determination" versus asking for "reconsideration" - that's exactly the kind of detail that could make a difference in how the IRS handles the appeal. Your point about Collection Due Process is really important too. I haven't received any collection notices yet, but it's good to know that's an option if things escalate. I do still have that original USPS receipt from April 16th! Even though the tracking never updated, you're right that it's still proof I mailed it on time. I'll definitely include that along with the transcript showing their April 18th received date. It's amazing how this thread has turned into such a comprehensive guide for dealing with 105c letters. Between the Form 12203 info, the specific tax code citations, the transcript analysis tips, and now your procedural advice, I feel like I actually have a roadmap to follow instead of just panicking. Thank you for taking the time to share these details - it really means a lot to those of us navigating this stressful situation!
I've been following this thread closely because I'm dealing with a very similar situation, and I wanted to add some important information that might help everyone here. I just got off the phone with an IRS agent (after using that Claimyr service someone mentioned - it actually works!), and she explained something crucial about these 105c letters that I hadn't seen mentioned yet. According to the agent, there's been a systematic issue with their computer system flagging legitimate refund claims as expired due to a glitch in how it calculates dates when returns are filed close to the deadline. She said they've been getting a lot of appeals on 105c letters from 2018-2019 returns that were actually filed on time. The key thing she told me is that when you file your Form 12203 appeal, you should specifically request that they pull your "master file transcript" (not just the regular account transcript) because it shows more detailed processing information including the exact time stamps of when documents were received versus processed. She also mentioned that if your regular transcript shows the correct received date (like Sofia's does), the appeals office has been instructing agents to expedite these cases because it's clear evidence of a system error rather than a legitimate late filing. This gives me a lot more confidence that these appeals will be successful for those of us with proper documentation. It sounds like the IRS is aware this is their mistake, not ours.
As someone who's dealt with preparer liability issues firsthand, I'd add a few practical tips: 1) Always keep copies of EVERYTHING you give your preparer - scan or photo every document before handing it over. This protects you if they claim you didn't provide something. 2) Ask upfront about their amendment policy. Some preparers will file amendments for free if they made the error, others charge full price even for their mistakes. 3) Consider getting a second opinion for complex situations. I had another CPA review my return one year and they caught a $1,800 error my regular preparer missed. 4) Document all communications. If they tell you something verbally about deductions or strategies, follow up with an email confirming what was discussed. The reality is that even with insurance and liability protections, fighting with a preparer over mistakes is a huge hassle. Prevention through good documentation and clear communication is way better than trying to recover costs after the fact.
This is really helpful advice! I'm curious about the second opinion thing - how did you find another CPA to review your return? Did you have to pay full price for them to look it over, or do some CPAs offer like a "review only" service at a lower cost? And how awkward was it with your regular preparer when the other CPA found an error?
Great question about tax preparer liability! One thing I learned the hard way is to always ask your preparer about their specific policies upfront. When I switched CPAs last year, I made sure to ask: - Do they carry E&O insurance and what's the coverage amount? - What's their policy on fixing their own mistakes at no charge? - How do they handle missed deadlines or filing errors? - What documentation do they keep of our meetings and the info I provide? My current CPA actually gives me a checklist at the beginning of tax season showing exactly what documents I need to provide and when. She also sends me a summary email after each meeting confirming what we discussed. This kind of documentation has saved me twice when there were questions about deductions later. Also worth noting - if you're really concerned about liability, you might want to consider working with a firm rather than a solo practitioner. Larger firms often have more robust insurance coverage and internal quality control processes. They're usually more expensive, but the extra protection might be worth it for complex situations like yours.
This is excellent advice about asking those specific questions upfront! I wish I had known to ask about E&O coverage amounts when I first started using my CPA. The checklist idea is brilliant too - it would definitely help avoid those "did I give you that form?" situations later. Quick question about the firm vs solo practitioner point - how do you actually verify that a firm has better insurance coverage? Do you just ask them directly, or is there somewhere you can look this up? I'm definitely in the "complex situation" category this year and want to make sure I'm properly protected.
One thing to consider - if your partnership has unamortized organizational costs or start-up expenses that haven't been fully deducted yet, the final year is when you get to write off any remaining amounts. Make sure you don't miss this deduction on your final return! Also, don't forget to file Form 8308 if you had any sales or exchanges of partnership interests during the final year leading up to dissolution. That's another form that's easily overlooked in the dissolution process.
Thanks for mentioning this! We do have some remaining organizational costs that haven't been fully amortized. I almost forgot about writing those off completely in the final year. Any specific line where this should be reported?
You'll report the write-off of remaining organizational costs on Form 1065 Schedule K, line 13 as "Other deductions" with code I for "Section 709 expenses." Make sure to attach a statement detailing the unamortized amount being written off. On each partner's Schedule K-1, it will also be reported on line 13 with the same code I. The amount should be allocated to partners based on their profit-sharing percentages unless your partnership agreement specifies a different allocation method for these types of expenses.
Great discussion everyone! I wanted to add a few practical tips from my experience handling partnership dissolutions: 1. **Documentation is key** - Keep detailed records of all final distributions and asset transfers. The IRS may ask for supporting documentation even years later. 2. **Partner capital account reconciliation** - Make sure each partner's Schedule K-1 capital account analysis (Part III) properly shows how their account went from the beginning balance to zero through final distributions and allocations. 3. **State filing considerations** - Don't forget that most states also require a final partnership return, and some have different requirements than the federal return for what constitutes a "final" filing. 4. **EIN closure** - After filing your final 1065, remember to officially close the partnership's EIN with the IRS by sending a letter stating the partnership has been dissolved and the final return filed. The zero balance requirement on Schedule L for final returns is definitely correct - it's one of those things that seems counterintuitive but makes perfect sense when you think about what "final" actually means from a tax perspective.
This is incredibly helpful, especially the point about EIN closure! I had no idea you needed to send a separate letter to officially close the EIN after filing the final return. Is there a specific IRS address or department this letter should be sent to, or can it be done online? Also, do you know if there's a time limit for when this needs to be done after filing the final 1065?
This is really helpful information! I'm dealing with a similar situation - we filed our 1120 and Form 5472 about 6 weeks late due to a change in accounting firms, and just received our penalty notice for $20,000. Based on what everyone's shared here, it sounds like I have a decent shot at First Time Abatement since we've been filing on time for the past 4 years. I'm going to try the formal letter approach first, making sure to include our compliance history documentation and reference the IRM section that Brianna mentioned. One quick question - for those who were successful with FTA, did you wait for the penalty to be formally assessed before requesting abatement, or did you submit the request as soon as you received the penalty notice? I'm wondering if timing affects the success rate at all.
Great question about timing! From what I've seen, you definitely want to submit your FTA request as soon as you receive the penalty notice - don't wait for it to be "formally assessed" because the notice IS the formal assessment for Form 5472 penalties. The sooner you respond, the better, since it shows you're being proactive about resolving the issue. Also, with only 6 weeks late and a solid 4-year compliance history, you're in a really strong position for FTA. Make sure to emphasize in your letter that you've implemented new procedures with your accounting firm to prevent this from happening again. That forward-looking approach seems to help with these requests. Good luck!
I went through this exact situation last year and successfully got our Form 5472 penalties completely abated using First Time Abatement. Here's what worked for us: 1. **Act quickly** - Don't wait. The penalties continue to accrue monthly, so file your late returns immediately if you haven't already. 2. **Document everything** - Gather proof of your clean 3-year compliance history. We included copies of our previous years' filing confirmations and IRS transcripts showing timely filings. 3. **Write a detailed letter** - Reference IRM 20.1.1.3.3.2.1 specifically. Explain the circumstances that led to the late filing, emphasize it's your first offense, and detail the steps you've taken to prevent future occurrences. 4. **Be persistent** - Our first request was denied with a generic response. We appealed with additional documentation and got full abatement on the second try. The key thing to understand is that Form 5472 penalties are harsh but FTA still applies if you meet the criteria. With 6 years of clean history, you're in a strong position. Don't let your accounting firm's hesitation discourage you - many CPAs aren't familiar with how FTA applies to international reporting penalties. Total time from first request to full abatement was about 12 weeks. The $25,000 we saved was definitely worth the effort!
This is incredibly helpful - thank you for laying out the step-by-step process! I'm curious about your appeal process since our situation sounds very similar. When you say your first request was denied with a "generic response," what exactly did that look like? Did they give you a specific reason for denial or just say it didn't qualify for FTA? Also, what additional documentation did you include in your successful appeal? I want to make sure I have everything ready in case we need to go that route. The fact that you got full abatement on $25,000 gives me a lot of hope for our case!
Ethan Clark
Quick tip that helped me - make sure you check if either of your lenders paid you any refunds that might be listed in Box 4 of the 1098 forms. If you refinanced, sometimes the old lender will refund part of your escrow account. If Box 4 has an amount, H&R Block will ask you if you claimed this as an itemized deduction in a prior year. If you did itemize last year, you might need to report this refund as income on this year's return. Also, don't forget about property taxes! If you were paying property taxes through both lenders' escrow accounts, make sure you capture all property taxes paid (Box 10 on both 1098 forms) for your Schedule A deduction.
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StarStrider
ā¢Ohh that's a good point about the escrow refund. I completely forgot about that! I got around $3,300 back from my old lender when I refinanced but I didn't think about it being taxable. How do I know if it should be reported as income?
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Heather Tyson
ā¢The escrow refund is only taxable if you itemized deductions in the previous year and claimed property taxes as a deduction. If you took the standard deduction last year, then the escrow refund isn't taxable income. If you did itemize last year, you'll need to report the portion of the refund that relates to property taxes you deducted as "other income" on your tax return. The good news is that H&R Block will walk you through this when you enter the Box 4 amount from your 1098. You can check your prior year return to see if you itemized - if line 12a on your 2022 Form 1040 shows an amount (instead of the standard deduction), then you itemized and part of that $3,300 refund might be taxable.
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Clarissa Flair
I dealt with this exact situation last year after refinancing in the middle of 2023! The key thing to remember is that you absolutely should NOT combine the amounts from your two 1098 forms manually - let the tax software do that for you. In H&R Block, go to the mortgage interest section and enter each 1098 form as a completely separate entry. When it asks for the lender information, make sure you enter the correct lender name and EIN from each form (they'll be different). The software will automatically total both amounts on Schedule A line 8a. That warning about duplicate entries is probably appearing because H&R Block is being cautious, but since you have legitimately different lenders for different time periods, you can proceed through that warning. Just make sure the dates don't overlap between the two mortgages. One thing to double-check: if you paid any closing costs or points on your refinance, those might not all be deductible in the current year. Points on a refinance typically have to be spread out over the life of the loan, but H&R Block should handle that calculation automatically when you indicate it was a refinance. You should end up with the full mortgage interest deduction you're entitled to - just make sure both 1098 forms are entered completely and separately!
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Yara Sayegh
ā¢This is super helpful! I'm actually in a very similar boat - refinanced in August 2023 and got two separate 1098 forms. I was panicking thinking I'd mess something up, but your step-by-step explanation makes it seem much more manageable. Quick question though - when H&R Block asks about the refinance, does it matter exactly which month I closed? I'm worried the software might get confused about the timeline since my old loan technically wasn't paid off until a few days into the month after I thought it would be.
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