Penalty dispute requires supervisory approval

Number
202346022
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Approval of Determination of Penalty
Code sections
§ 6751
Ruling dated
July 25, 2023
Publicly released
November 17, 2023

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2023, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that supervisory approval is required when a taxpayer responds by disputing either a penalty or the underlying adjustments that affect it. Other taxpayer contacts require a case-by-case analysis. The question is whether approval was required or whether the exception for penalties automatically calculated through electronic means continues to apply.

Ruling snapshot

  • Question: Does a taxpayer's response remove a penalty from the exception for amounts automatically calculated through electronic means?
  • Outcome: Advice given, a dispute requires approval and other contacts depend on the facts
  • Key authorities: IRC § 6751

Full text (IRS public release)

 ID:        CCA_2023072510312046             Third Party Communication: None

 UILC:      6751.02-00                       Date of Communication: Not Applicable

Number: 202346022
Release Date: 11/17/2023
From: ----------------------
Sent: Tuesday, July 25, 2023 10:31:20 AM
To: ----------------------
Cc:
Bcc:
Subject: RE: Supervisory Approval Question


Hi ------------,

If a taxpayer sends a response that disputes the penalty or underlying adjustments
affecting the penalty, supervisory approval would be required. Other instances of
taxpayer contact are evaluated on a case by case basis to determine if supervisory
approval was required or if the automatically calculated through electronic means
exception applies.

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