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Ask the community...

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Dananyl Lear

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19 Former tax preparer here. Make sure that when you're submitting your abatement request, you specifically cite Treasury Regulation 1.6664-4, which covers reasonable cause due to reliance on a tax professional. You need to demonstrate three things: 1) The adviser was a competent professional with sufficient expertise 2) You disclosed all relevant facts to the adviser 3) You actually relied in good faith on the adviser's judgment Also, get a statement from your accountant acknowledging they made the filing determination. This significantly strengthens your case.

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Dananyl Lear

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5 Would the accountant be liable for any of the penalties since they're the ones who made the mistake? I'm dealing with something similar where my accountant completely missed reporting my crypto transactions.

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Dananyl Lear

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19 The accountant generally wouldn't be directly liable to the IRS for the penalties, as the ultimate responsibility for tax compliance falls on the taxpayer. However, you may have a potential claim against the accountant for professional negligence or malpractice. For your crypto situation, that's a bit different. Cryptocurrency reporting requirements have evolved rapidly, and there's been some confusion among tax professionals. Still, if your accountant knew about your crypto transactions and failed to report them properly, you should document this thoroughly when requesting abatement, and consider whether their error rises to the level of professional negligence.

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Dananyl Lear

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8 I feel your pain! My husband and I had a similar issue with our LLC last year. Our saving grace was IRS Revenue Procedure 84-35, which provides special penalty relief for small partnerships (10 or fewer partners). Since you mentioned it's just you and your husband, you might qualify. This is IN ADDITION to the reasonable cause argument others have mentioned. The key requirements are that all partners are individuals (not corporations), all income was timely reported on your personal returns, and each partner's share of each partnership item is the same as their share of every other item. Might be worth mentioning specifically in your abatement request!

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Dananyl Lear

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1 That's really helpful! I'll definitely look into Revenue Procedure 84-35. Does this apply even if we technically filed Schedule C forms instead of partnership returns? All of our income was definitely reported on our personal returns - we paid all the taxes we owed, just on the wrong forms apparently.

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Quick tip from someone who's been through this multiple times: If you can pay within 120 days, you don't technically need to set up a formal payment plan. You can select the "payment plan" option when you e-file, but choose "one-time payment" and set the date up to 120 days in the future. This way you avoid the installment plan setup fee (which is $31 for online payment plans), but you'll still pay the interest and late payment penalties. Just set a calendar reminder because the IRS won't send you one!

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But isn't it better to break it into multiple payments? What if I can't come up with the entire amount in one payment, even after 120 days?

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If you can't pay the full amount within 120 days, then you definitely want to set up the installment agreement with monthly payments. That's a different option in the online payment system. The installment agreement is great if you need more time, but it does come with a setup fee and you'll have to make regular monthly payments. With the 120-day option, you're just telling the IRS you'll pay in full by a certain date, and they don't charge a setup fee for that arrangement.

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LongPeri

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Is this really worth stressing about? I just didn't file for 2 years when I couldn't pay, and eventually they just sent me some letters. I paid it all last year and everything was fine.

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Oscar O'Neil

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This is TERRIBLE advice! Not filing is the worst thing you can do. The IRS charges a failure-to-file penalty of 5% of your unpaid taxes for each month your tax return is late, up to 25%. The failure-to-pay penalty is only 0.5% per month. Plus, there's a statute of limitations on how far back the IRS can audit you, but it doesn't start until you file. So by not filing, you're keeping yourself open to audit indefinitely. I learned this the hard way. Don't repeat my mistake.

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LunarEclipse

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Don't forget about the wash sale rule if you're thinking about tax loss harvesting! If you sell Mullen at a loss but buy it back within 30 days before or after the sale, you can't claim the tax loss. This applies to "substantially identical" securities too. I learned this the hard way when I sold my Tesla shares at a loss last year and then got excited when it dipped further a week later and bought back in. My tax software flagged it as a wash sale and I couldn't deduct the loss.

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Thanks for mentioning this! If I do sell, is there any problem with just putting that money into a total market index fund instead? Or would that still trigger this wash sale thing?

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LunarEclipse

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Putting the money into a total market index fund would be perfectly fine and wouldn't trigger the wash sale rule. The rule only applies to "substantially identical" securities, which a diversified index fund definitely is not compared to an individual stock like Mullen. This is actually a smart strategy many investors use - they harvest the tax loss from individual stocks or sector funds, then immediately reinvest in broader index funds to stay invested in the market while avoiding wash sales. Just make sure you don't buy back into Mullen or any security that's too similar to it within that 30-day window before or after your sale.

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Yara Khalil

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Just a thought - since you and your spouse are grad students with presumably low income, check if you're in the 0% capital gains tax bracket (income under ~$89k for married filing jointly). If so, you might also want to strategically sell some winners alongside your losers. You could realize gains at 0% tax rate while offsetting with your Mullen losses.

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Keisha Brown

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This is actually brilliant advice that most people overlook. The 0% capital gains bracket is massively underutilized. I did exactly this last year when I was between jobs.

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Laura Lopez

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Don't forget that besides the training, you'll need to get your PTIN (Preparer Tax Identification Number) from the IRS before you can legally prepare returns for compensation. It's pretty easy to get one on the IRS website, costs around $35.95 for new applications I think. Also, consider what tax software you'll use. Professional versions of tax software can be expensive, and that's an additional investment beyond just the training. I started with Drake Tax Software because they had a good balance of features and cost for a newbie.

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Ethan Scott

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Thanks for mentioning that! I had no idea about needing a PTIN or the software costs. Are there any decent budget options for software when just starting out with a few clients, or do you really need to invest in the professional versions right away?

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Laura Lopez

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There are definitely budget-friendly options when you're just starting out. TaxAct Professional and TaxSlayer Pro offer lower-cost entry packages for new preparers with a small client base. Some even have pay-per-return options which might be more economical if you're only doing a handful of returns. Drake also offers a "pay-per-return" option that might work better for your first season than their full package. I'd recommend trying the demos of a few different software options before committing - they all have different interfaces and workflows. ProSeries and Lacerte are more expensive but very popular if your business grows.

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One thing I haven't seen mentioned - consider specializing in a particular niche rather than trying to be a generalist. When I started doing tax prep on the side, I focused specifically on gig workers and rideshare drivers because there were so many in my area. By specializing, your marketing becomes easier, you can charge premium rates for your expertise, and you don't have to learn EVERYTHING about tax law at once. You can gradually expand your knowledge base as you go.

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This is great advice. What resources did you use to learn that specific niche? Were there courses specifically for gig worker taxes or did you piece it together from general tax knowledge?

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Sean Doyle

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Just want to throw this out there - before you respond to a CP2000, double check that it's legitimate! There are scams going around where people get fake IRS notices. A real CP2000 will always include detailed instructions for responding and multiple ways to contact the IRS. Also, if the "discrepancy" involves income from crypto transactions, be especially careful with your response. The IRS often gets incorrect basis information which makes it look like you had much larger gains than you actually did. I've seen penalties in the tens of thousands that were completely wrong!

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Zara Rashid

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How can you tell if a CP2000 is legit? I got one recently but now I'm worried it might be fake. Are there specific things to look for?

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Sean Doyle

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A legitimate CP2000 will always come by U.S. mail (never email), include your tax ID number, the tax year in question, and a detailed explanation of the proposed changes. It will have specific contact information for the IRS, including a toll-free number. The notice will also include your rights as a taxpayer and explain the appeals process. Fake notices often have spelling/grammar errors, demand immediate payment (especially via gift cards, wire transfers, or cryptocurrency), don't provide clear explanation of the discrepancies, or direct you to unofficial websites. You can always verify a notice by calling the IRS directly at 800-829-1040 (not using any number on the suspicious notice itself).

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Luca Romano

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One thing nobody mentioned - you can request more time to respond if 30 days isn't enough! I did this when I got my CP2000 last year because some of my documents were with my accountant who was on vacation. I just called the number on the notice and asked for a 30-day extension, and they granted it no problem.

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Nia Jackson

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Does asking for an extension stop the interest from continuing to accrue though? I'm worried about making the amount owed even higher by delaying.

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