Be really careful with writing off your flip materials from your landscaping business! I did this exact thing and got audited. The IRS reclassified everything, disallowed my deductions, and hit me with penalties and interest. My $12k tax savings turned into a $20k+ nightmare. The IRS is pretty strict about keeping these activities separate. For flips, you should be tracking all costs (materials, labor, permits, etc.) and adding them to the property's basis. You'll recoup these when you sell. If you've already been writing these off as landscaping business expenses, consider filing amended returns before they catch it.

I'm a rental property owner and wanted to add: while you can't immediately deduct the materials for building your rentals, consider exploring the BRRRP strategy (Buy, Rehab, Rent, Refinance, Repeat). This lets you pull cash out after establishing equity, which is untaxed since it's debt, not income. Also, look into Qualified Business Income deductions for your rental activity if you can qualify as a "real estate professional" for tax purposes. With your construction background, you might meet the hours requirement. For your specific question about the flip materials you already deducted - that's problematic. Those should have been capitalized to the property's basis. Consider talking to a tax attorney about amendment options before an audit happens.

One thing nobody mentioned yet - check if you actually did receive prior notices. The IRS is required to send multiple notices before sending debt to collections. Pull your IRS account transcripts (can be done online) and it will show all notices sent to you. If they sent notices to an old address or there's no record of prior notices, that strengthens your case for abatement. Also, 1065 penalties are especially harsh because they're designed to enforce timely filing for information returns. The $195/month/partner can add up quickly, which explains your $4950 penalty for what seems like a simple mistake.

I hate to be the pessimist, but be prepared for this to take multiple attempts. I had almost identical partnership penalties last year and the first abatement request was denied despite having a clean record. Had to call back, escalate to a supervisor, and be very persistent. Eventually got it abated, but it wasn't the easy one-call fix some people are suggesting. The IRS is incredibly backlogged right now.

Has anyone used the IRS Tax Withholding Estimator on the official IRS website? I found it helpful for a similar situation.

Just to be clear, you're DEFINITELY not paying your employer's portion of payroll taxes. That's a completely separate thing that never shows up on your tax return. What you're experiencing is just the result of our progressive tax system when you have multiple incomes in a household. Each dollar of your income is essentially taxed at your highest marginal rate when added to your husband's income. So if his income put you in the 22% bracket, your additional income gets taxed at 22% (minus deductions). That's completely normal and how the system is designed to work, even though it can feel unfair.

Another perspective: I have three dry cleaning locations and used a tax preparer for years. Switched to a CPA two years ago and my tax bill dropped by nearly $7500 the first year. The difference? My CPA understood how to properly categorize equipment depreciation across multiple locations, helped restructure my business entity, and identified legitimate meal and vehicle deductions I was missing. For food businesses, there are TONS of industry-specific deductions a specialist might know. One tip: don't just get any CPA. Find one with restaurant/food service experience. They know the specific deductions and challenges in your industry.

One thing nobody has mentioned - ask your current tax preparer if they're an Enrolled Agent (EA). Some tax preparers have this credential, which means they're federally licensed and can represent you before the IRS just like a CPA. If your current preparer is an EA with small business experience, they might be perfectly qualified and cheaper than a CPA.

Another important consideration: if your mom might need nursing home care in the next 5 years, transferring assets from her account to yours could create a huge problem with Medicaid eligibility. They look back 5 years at transfers, and this could be seen as trying to hide assets.

Don't forget to keep really good records of all home improvements your mom made over the years! This increases the basis of the home and reduces potential capital gains. Things like a new roof, kitchen remodel, finished basement, etc. Get as many receipts as you can find.