Tony Cox <tc[at]coxrt.com> wrote:

- quote -

An eFile receipt usually works pretty darn well :^)

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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Bill wrote:

- quote -

Wow, I've got to print out a copy of this one to show a
client the very best way to do it. Really.

Now, my problem the other day is how to explain to a client
why the state is charging them 800$ plus penalty for a
monthly sales tax return. All I know is the stubbed the
check on the 19th (due the 20th). The bank only has a
facsimilie of the face of the check with the bank statement
these days. Even when they get copy of the back of the
check, that won't prove anything but when the department of
revenue cashed the check.

there has GOT to be a better way for this recurring problem
which crosses the spectrum of all taxes.

ChEAr$,
Harlan Lunsford, EA n LA

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tc[at]coxrt.com (Tony=A0Cox) posted:
- quote -

You reminded me of the day (many years ago) I sent in my
return for the year in which I retired -- when I had sold
all of my stock (restricted to employees) for an incredibly
satisfying profit and consequent high capital-gains taxes.
I wrote what was -- 'til then -- the largest single check of
my life, for $58,000 to pay off the difference between my
already substantial W/H and the total due.

(Yes, I used a professional preparer.)

Just to make sure there was no question, on April 14 or so
(I remember making sure it was _before_ the absolute
deadline), I took the unsealed envelope to my friendly bank
manager. I then proceeded to have him witness my insertion
of the check in the envelope, along with the return forms,
and we walked together to the post office -- which was
conveniently across the street from the bank.

Now, I know that's not reasonable for the routine return ...
but I just had to share that extraordinary experience -- and
my solution.

The bank manager was happy to do it, and said he'd probably
do the same thing, if he ever had a similar gigantic
payment.

Bill

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"hnsl" <hnslunsford[at]bellsouth.net> wrote:
- quote -

Some 20 years ago, the IRS claimed I'd not filed a
partnership return by the deadline. When I offered to
present the certified mail receipt, I was initially told
that it would not be sufficient since "...you could have put
anything at all in that envelope", but the IRS would look at
"all the evidence" to see if I'd filed. Since the receipt
was the only evidence, it was eventually (and, it appears,
only grudgingly) accepted after some 4 months of
increasingly threatening penalty notices.

Short of arranging a photoshoot at the post office, showing
one placing a return in an envelop while a smiling clerk
holds up a copy of today's newspaper in the background, how
exactly *does* one prove that one has filed a return by the
proper deadline?

On the other hand, if one knows one is going to file a
return late, does it make sense to mail an empty envelope
"registered mail" just to get the "get out of jail free"
proof of posting receipt?

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Thanks for the replies.
I did get copies of the cancelled checks and they were in
fact cashed in late June. I have sent the notices to the CPA
who says he believes he can take care of it.

We will see what happens.

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Tom Darlington wrote:

- quote -

None it seems. If postmarked by the 4/17 should be okay,
but if SOMEbody forgot to mail them, and they weren't mailed
till thereafter, no go. and yes, IRS will honor a
registered mail receipt.

BTW, you can't blame the CPA. It's not his job to mail
payments for you.

ChEAr$,
Harlan Lunsford, EA n LA
Mon Aug 7 2006

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Tom Darlington wrote:

- quote -

If the CPA was the one who mailed the returns and payment,
call the CPA, explain you got notices, and mail/fax the
notices to the CPA.

If you were our client, we'd write the IRS a letter
explaining they were timely mailed (assuming that was the
case) and requesting a penalty abatement. If the penalty
wasn't abated, odds are we'd pay it. (For some reason,
including in the abatement letter that if the penalty isn't
abated, the preparer will pay it, seems to do a good job of
getting rid of the penalty.)

Phoebe

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TomDarlington[at]cfl.rr.com posted:

- quote -

Others may have alternatives, and possibly suggest retaining
an EA (Enrolled Agent) ... but I would _start_ with your CPA
-- who ought to have some responsibility for timely
submission of the reports. Most reputable firms should be
happy to assist you in clearing up the matter -- or, if they
determine it was their error, may even pay the additional
costs.

Failing any help from the CPA, I would take the following
steps:

One, request a letter from the CPA, affirming that the
returns and payments were mailed on 4/17/2006. Two, obtain
your report from the brokerage firm (and if the checks were
deposited in April, AHA !!) -- otherwise, ignore. Three,
prepare a statement attesting to the facts you have
determined.

Then, mail the package to the address supplied in the demand
letter from the IRS.

You also might contact the "Taxpayer Advocate" -- to which
there is a link on the IRS site main page (at www.irs.gov).

Good luck. I once followed the above steps on an IRS letter
regarding mistaken claims that I had unpaid tax and
penalties due for a [bank's] mis-reported IRA disbursement
-- which my bank agreed was their error. The IRS accepted my
bank's letter of explanation [plus a separate corrected
report coding their disbursement] and replied that the
matter was closed. [Aaaah, happy day.]

Bill

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I just received 3 notices from the IRS for late payment
penalties for 3 trust accounts I am the executor of. The
return was prepared by a CPA, the checks were cut on 4/17
(the deadline this year), but the IRS claims they did not
receive them till 6/26.

I dont know if the CPA forgot to mail them, they were lost
in the mail for 2 month, they were lost at the IRS for 2
months or the IRS had a SW glitch.

The worst part is they want in excess of 100% of the
original tax paid as the penalty for one of the accounts.

I am having the brokerage firm that cut the checks get a
copy of the cancelled checks to see when they were cashed.

I know they say it must be postmarked by 4/17, obviously in
the future I will make sure everything is sent registered
return receipt requested. Does the IRS honor a registered
mail receipt? How does one prove that envelope contained the
return in question?

Seems like my word againt theirs.
Really scary that something like this can happen.

What recourse, if any, do I have?

Thanks in advance.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >