Penalty dispute requires supervisory approval
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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.
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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