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Denied First-time Abatement After Underreporting Stock Sales for House Down Payment - Any Hope on Appeal?

I need to own this mistake upfront, but I'm frustrated and hoping someone can help. About 2 years ago, my husband cashed out some stocks from his childhood that were worth around $67,000. We transferred that money to our joint account to use as a down payment on a house during that crazy market when prices were insane. We needed to be in a specific neighborhood for several reasons and this was the only way we could make it work. Fast forward to last month, and I get hit with a CP2000 notice saying we never reported these stock sales on our taxes. Honestly? I had no clue this was taxable income at the time. We never received a 1099-B from the brokerage either. Not blaming them, but without that form in front of me during tax season, it completely fell off my radar. My tax guy looked into it and found some errors in the cost basis calculations, which brought down what we owed a bit. I paid the adjusted amount right away, thinking the nightmare was over. Well, yesterday I got another notice for interest and penalties totaling $2,900. My accountant submitted a first-time abatement request, telling me he was "99% sure" it would get approved since I've had a clean tax record for nearly 30 years. Got the rejection letter today. When I called the IRS, the agent said my accountant basically just wrote "client didn't know it was taxable" without much supporting information. She recommended I pay the full amount today and then file an appeal afterward. I've literally never had a single tax issue, audit, or problem in 28+ years of filing. Do I have any chance of getting this penalty/interest waived through appeal? Or should I just accept the $2,900 lesson and move on?

Sophia Russo

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Something everyone is missing here - the IRS isn't required to grant first-time abatement requests, it's a discretionary administrative waiver. Since your situation involves a substantial underreporting (you mentioned 5 figures), they're less likely to approve an FTA even with a clean history. Your best bet is to focus on reasonable cause arguments rather than just the first-time abatement policy. Reasonable cause requires showing you exercised "ordinary business care and prudence" but still couldn't meet your tax obligations. Simply not knowing stocks were taxable probably won't meet that standard since the IRS considers that basic tax knowledge. Instead, focus on: 1) Your perfect compliance history, 2) The missing 1099-B, 3) Immediate payment once discovered, and 4) Any unique circumstances during that period (COVID challenges, health issues, etc). Also, your accountant should really be handling this appeal properly since their initial request was clearly inadequate.

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This is really helpful context. If I'm understanding correctly, I should focus less on "I didn't know" and more on "I didn't receive the proper documentation and had no reason to know I was missing anything." Would it also help to mention that these were childhood stocks my husband had forgotten about until we needed the down payment? They weren't part of our regular investment activities.

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Sophia Russo

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You've got it exactly right. "I didn't know" is weak, but "I didn't receive the required documentation and had no reasonable way to know I was missing it" is much stronger. Definitely mention that these were childhood stocks outside your normal financial activities - that's important context that shows why this was an unusual situation rather than negligence. Also highlight that you've been fully compliant for 28+ years, immediately paid when notified, and that this was a one-time event related to a home purchase during exceptional circumstances (COVID housing market). These elements together build a much more compelling case than what your accountant originally submitted.

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Just a practical tip - if you do submit the appeal, make sure you're tracking EVERYTHING. Send all correspondence certified mail with return receipt, keep copies of everything, and maintain a log of all communications with dates, times and who you spoke with. The IRS isn't great at keeping track of taxpayer communications, and if your appeal gets lost or delayed (which happens frequently), you'll need evidence of when you submitted it. I learned this the hard way when they claimed they never received my first appeal, and I had no proof of sending it. Also, if you're already working with an accountant who dropped the ball on the first request, consider finding someone with specific experience in penalty abatements and appeals. Not all tax pros are equal when it comes to dealing with the IRS collections and appeals processes.

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This is such good advice. When I filed my appeal last year, I used USPS certified mail with return receipt AND took photos of all the documents before sending. The IRS initially claimed they never got page 3 of my documents, but I had proof it was included. Having that documentation was the difference between winning and losing my case.

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Thanks for the practical advice! I'll definitely use certified mail and keep copies of everything. Do you think I should find a different accountant at this point? The current one seemed pretty confident about the first abatement request but clearly didn't provide enough details.

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One thing to consider - if you wait to file the amendment, make sure you're setting aside enough of your refund to cover what you'll owe. Interest does accrue from the original due date (usually April 15th), so the longer you wait, the more you'll owe. But honestly, for a short wait like you're describing, the interest will be minimal. Also, if you're worried about future issues like this, consider setting up an IRS Online Account. It lets you see all the income documents the IRS has received with your SSN, which helps catch missing forms before filing.

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Thanks for the advice! Do you know how to set up that IRS Online Account? That sounds really helpful for next year.

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You can set it up directly on the IRS website at irs.gov/account. You'll need to verify your identity with some personal info and either a credit card, mortgage, or loan account number. They've made the process more user-friendly recently. Once set up, you can see all W-2s, 1099s, and other income documents reported to the IRS under your SSN. It's super helpful for catching missing forms before you file. You can also use it to view your payment history, set up payment plans, and get transcripts of past returns if needed.

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Omar Fawaz

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Has anyone else had an amendment take FOREVER to process? I filed one last year and it took almost 7 months before it was finally processed. The IRS says they're taking 20+ weeks for amendments right now, so definitely file electronically if possible!

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Mine took 9 months last year! Paper-filed and regretted it. The electronic amendments seem to go through much faster based on what friends have experienced.

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GalaxyGlider

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9 Have you considered asking your employer about setting up a pre-tax parking benefit program? Under IRS code section 132(f), employers can offer qualified parking benefits that allow employees to pay for work-related parking with pre-tax dollars (up to $300/month in 2025). This would at least save you some money on income taxes. Your employer would need to set up the program though.

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GalaxyGlider

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1 I actually tried bringing this up with HR last month, but they said they "don't have the administrative capacity" to handle those kinds of benefits right now. I work for a pretty large retail chain too, so it seems like they just don't want to bother with it. Would there be any other options if they refuse to set up a program like this?

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GalaxyGlider

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9 Unfortunately, if your employer isn't willing to establish a qualified transportation fringe benefit program, you don't have many other options for making those parking expenses pre-tax. These benefits have to be employer-sponsored. You might consider looking into carpooling with coworkers to split costs or researching if there are any monthly parking passes that might reduce your daily rate. Some cities also have programs for retail workers in downtown areas - might be worth checking with your local transportation authority or downtown business association to see if any special programs exist for essential workers.

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GalaxyGlider

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22 Have you looked into whether there might be monthly parking passes nearby that cost less than paying the daily rate? When I worked retail downtown, I found a garage three blocks away that offered a monthly pass for about half what I was paying daily at the closer garage. The walk wasn't ideal but saving $200/month definitely was!

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GalaxyGlider

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4 Monthly passes are definitely the way to go. I used to pay $18/day until I found a lot that offered $180/month instead of the $360+ I was spending. It was a 10-minute walk, but totally worth it. Some places also offer evening/weekend employee discounts if you ask - especially if you work at a business that brings customers to the area.

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Ryan Vasquez

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One thing to watch out for with the Energy Efficient Home Improvement Credit is that the requirements changed a bit between 2023 and 2025. Make sure you're looking at the current year's requirements! I messed this up and had to amend my return because I was using outdated info. Also, keep in mind that this is a non-refundable credit, meaning it can reduce your tax liability to zero but won't generate a refund beyond that. I learned this the hard way when I was expecting a bigger refund but didn't have enough tax liability to use the full credit amount.

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Avery Saint

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Wait, so if my tax liability is already low because of other deductions and credits, I might not get the full benefit from this energy credit? Is there any way to carry over unused portions to next year?

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Ryan Vasquez

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That's exactly right - if your tax liability is already reduced by other credits and deductions, you might not be able to use the full energy credit. Your tax liability can only go down to zero, not negative. For the Energy Efficient Home Improvement Credit (25C), there is currently no carryover provision, so any unused portion is unfortunately lost. This is different from the Residential Clean Energy Credit (25D) for solar panels and similar installations, which does allow you to carry forward unused credits to future tax years.

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Taylor Chen

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Does anyone know if there's an income limit for claiming the Energy Efficient Home Improvement Credit? We installed new energy efficient windows and a smart thermostat last year but our income was higher than usual due to a one-time bonus.

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Good news! The Energy Efficient Home Improvement Credit (25C) doesn't have an income phaseout or limit. Unlike some other tax credits that start to phase out at certain income levels, this one is available regardless of your income. So your one-time bonus won't affect your eligibility at all. Just make sure your improvements meet the efficiency requirements and you have the proper documentation from your installer or manufacturer.

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You can also check if your W2 information is available online through the Social Security Administration. Go to https://www.ssa.gov/myaccount/ and create an account if you don't already have one. Sometimes the W2 data is reported there even if you never received the physical form. I've had to do this before when my W2 went missing and was able to get all the information I needed to file my taxes. It's worth checking before going through more complicated steps!

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Leila Haddad

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Would this work if the employer hasn't filed the W2 yet? My boss is notoriously late with tax paperwork every year and I'm worried they haven't even submitted the information to the government yet.

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That's a good question - it only works if your employer has already submitted the W2 information to the Social Security Administration. If they're behind on their filing requirements, the information won't be there yet. Unfortunately, if your employer hasn't filed the W2 forms with the government yet, you'll likely need to follow the other approaches mentioned here - contacting them directly, using Form 4852 with your paystub information, or getting the IRS involved to put pressure on them to file properly.

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Emma Johnson

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Make sure to file your taxes on time even if you're missing the W2!! You can always file an amended return later if the numbers end up being different when you finally get the W2. The penalty for filing late is much worse than filing with slightly incorrect information and amending later.

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Ravi Patel

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This is really important advice! I made this mistake a few years ago waiting for a corrected W2 that my employer promised was "on the way" and got hit with late filing penalties that were completely avoidable.

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