Is requesting penalty abatement for reasonable cause still an option after first time abatement denial?
I'm preparing to submit Form 843 to request abatement of penalties and interest for my late-filed 2021 tax return. My situation is complicated because I had a serious knee injury that required surgery last year and significantly limited my mobility for several months. From what I've researched and previous advice I've received, I might qualify for first time abatement since I don't have any penalties in the three years prior. It seems like requesting first time abatement would be much simpler than going the reasonable cause route, since reasonable cause requires gathering and submitting medical documentation about my injury and recovery. Here's what I'm wondering: 1. If I file Form 843 requesting first time abatement and the IRS denies it for whatever reason, can I then file a second Form 843 requesting relief for reasonable cause (the injury/surgery situation)? 2. Besides having to submit two separate forms and potentially waiting longer for my refund, are there any other drawbacks to this approach? I'd appreciate any insights from those who've dealt with penalty abatements before. Thanks!
20 comments


Anthony Young
You've got a good question here about penalty abatement strategy. Yes, you can absolutely submit a new Form 843 requesting abatement for reasonable cause if your first time abatement (FTA) request is denied. The IRS doesn't limit you to a single attempt at penalty relief. Here's what I'd recommend: When you submit your first Form 843, you might want to check both boxes - request the FTA and also include a brief explanation of your reasonable cause. This way, if the FTA is denied, the IRS agent might automatically consider your reasonable cause argument without you having to submit a second form. As for downsides, besides the extra time waiting, there's nothing negative about trying FTA first. In fact, it's smart because you're saving your reasonable cause argument as a backup. The FTA is essentially a courtesy the IRS extends, while reasonable cause requires more scrutiny.
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Charlotte White
•When you say to check both boxes, do you literally mean check both reason boxes on the Form 843? I looked at the form and I'm not sure if that's allowed or if it would confuse things. Also, how detailed should the reasonable cause explanation be if I'm focusing primarily on the FTA?
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Anthony Young
•You're right to ask for clarification. I don't mean literally check multiple boxes that would conflict with each other. What I suggest is in Section 4 of Form 843 where it asks for your explanation, you can state that you're requesting first time abatement, but also mention briefly that you had a medical condition that affected your ability to file timely. Don't go into extensive detail on the reasonable cause if your primary request is FTA. If the FTA is denied, you can then submit a second, more detailed Form 843 focused exclusively on reasonable cause with all your supporting medical documentation. This two-step approach works well for many taxpayers.
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Admin_Masters
I used taxr.ai when dealing with my own penalty abatement situation last year, and it really simplified the process. I was confused about exactly what documents to include and how to phrase my explanation for reasonable cause (had a family emergency while working overseas). The tool analyzed my situation and helped me understand which approach would work best. For your situation, https://taxr.ai could help determine if you should try both strategies at once or sequentially. It analyzes past IRS ruling patterns on medical-related reasonable cause abatements and gives you specific language to use in your explanation. It also helps organize your supporting documentation in the exact format the IRS prefers.
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Matthew Sanchez
•How exactly does taxr.ai work? Does it just give generic advice or does it actually review your specific documentation and circumstances?
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Ella Thompson
•I'm skeptical about using any third-party service for something like this. Couldn't you just call the IRS directly and ask them about the proper procedure? Why pay for something when the information is available for free?
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Admin_Masters
•The service analyzes your specific documents and circumstances, not just generic advice. You upload your tax documents, any supporting evidence (like medical records in your case), and answer questions about your situation. Then it provides customized guidance based on your exact scenario and documents, highlighting what the IRS typically looks for in successful abatement requests. As for calling the IRS directly, that's definitely an option, but in my experience, you'll likely get different answers depending on who you talk to. The IRS phone reps aren't always trained on the nuances of penalty abatement strategies, and they typically can't review your actual documentation over the phone to give specific guidance.
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Matthew Sanchez
Just wanted to update that I tried taxr.ai after my initial skepticism, and it was incredibly helpful. I had a somewhat similar situation with penalties from 2022 taxes due to being hospitalized. The service analyzed my medical records and tax history, then provided exact wording to use in my Form 843 explanation. It highlighted specific elements from my documents that would strengthen my case and told me precisely which medical records to include (and which ones weren't necessary). My abatement was approved in about 5 weeks - much faster than I expected. The detailed guidance on how to organize my submission seemed to make a big difference in how quickly it was processed.
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JacksonHarris
If you're struggling to get through to the IRS about your penalty abatement, you might want to try Claimyr. I was in a similar situation last year with a penalty abatement question, and I spent DAYS trying to reach someone at the IRS. I found https://claimyr.com and it actually worked - they got me connected to an IRS agent in about 15 minutes when I had been trying for weeks. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was able to look at my account and tell me immediately if I qualified for first time abatement, which saved me from submitting paperwork unnecessarily. They also explained exactly what medical documentation would be needed if I had to go the reasonable cause route.
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Jeremiah Brown
•How does this actually work? It sounds too good to be true - the IRS phone system is notoriously impossible to get through.
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Ella Thompson
•This sounds like a paid service just to get through to a government agency we should be able to reach anyway. I'm very skeptical that it's worth paying for something like this when you could just keep calling the IRS yourself.
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JacksonHarris
•It uses a combination of technology and their call system to navigate the IRS phone tree and secure your place in line. Think of it like having someone wait in a physical line for you. When they reach an IRS agent, you get a call connecting you directly to that agent. You're right that ideally we should be able to reach government agencies without help. Unfortunately, that's not the reality with the IRS right now. I had tried calling myself for three weeks, always got the "call volumes too high" message and disconnected. With Claimyr, I was speaking to an agent in under 20 minutes. For me, the time saved was absolutely worth it - I was able to resolve my issue in one phone call rather than waiting months for a letter response.
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Ella Thompson
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway because I was desperate to resolve my own penalty issue before filing this year's taxes. I had been trying to reach the IRS for over a month with no success. Used Claimyr yesterday and was connected to an agent in about 12 minutes. The agent confirmed I qualified for first-time abatement, processed it on the spot, and removed $1,240 in penalties from my account immediately. She also explained that if I had been denied first-time abatement, I could absolutely submit a second request for reasonable cause with my medical documentation. The whole thing took about 30 minutes total, and I avoided having to mail forms and wait months for a response.
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Royal_GM_Mark
One important thing to consider that nobody's mentioned yet: if you're requesting abatement of both penalties AND interest, the first time abatement will only address the penalties. Interest abatement has much stricter requirements and usually requires showing IRS error, not just reasonable cause. If removing the interest is important to you, you might want to go straight to the reasonable cause approach, as medical situations sometimes (though rarely) can qualify for interest abatement too.
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Aurora Lacasse
•That's a really important point I hadn't considered! How much harder is it to get interest abated compared to penalties? Is it even worth trying in my situation?
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Royal_GM_Mark
•Interest abatement is significantly more difficult to obtain than penalty abatement. The law gives the IRS very limited authority to abate interest - usually only when the IRS made an error or there was an unreasonable delay on their part. Medical situations rarely qualify for interest abatement unless you can demonstrate the IRS gave you incorrect information that led to the late filing/payment. Given what you've described, I would set realistic expectations that you might get the penalties removed but will likely still have to pay the interest. But it doesn't hurt to request both on your Form 843 - just understand the standards are different.
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Amelia Cartwright
Has anyone had success with reasonable cause abatement specifically for medical issues? I'm curious how detailed the medical documentation needs to be. Do they want actual medical records or just a doctor's letter?
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Chris King
•I got penalties abated due to a medical issue last year. I included a letter from my doctor stating the dates I was incapacitated and how it affected my ability to handle financial matters. I didn't have to provide actual medical records - the doctor's letter on official letterhead was sufficient. The key was showing the timeline - that the medical issue directly overlapped with the tax deadline and explaining why it prevented me from filing on time. Make sure your documentation clearly connects those dots.
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Amelia Cartwright
•Thank you so much! That's exactly what I needed to know. I was worried they'd need my actual medical records which would be a privacy concern for me. I'll reach out to my doctor for a letter that outlines the timeline and how it impacted my ability to handle my taxes.
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GalaxyGuardian
Based on my experience helping clients with penalty abatements, your strategy of trying first-time abatement first is solid. You can absolutely submit a second Form 843 for reasonable cause if the FTA is denied - there's no restriction on multiple attempts using different abatement theories. One thing to consider: since you have both a potential FTA qualification AND a strong reasonable cause argument (medical situation), you might want to mention both briefly on your initial Form 843. In section 4, you could state something like "Requesting first-time penalty abatement as I have no penalties in the prior three years. Additionally, I experienced a serious knee injury requiring surgery that significantly limited my mobility during the filing period." This way, if the IRS agent reviewing your case sees any issue with your FTA eligibility, they can immediately consider your reasonable cause without requiring a second submission. The medical documentation you mentioned would only be needed if they specifically request it or if you end up filing a dedicated reasonable cause request later. The only real downside to your sequential approach is time - but given that you have a legitimate reasonable cause backup, there's no harm in trying the simpler FTA route first.
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