Donna J. Perrone, EA
East Haven, CT
203-469-4939
203-468-2038 fax
IRS Circular 230 Disclosure: Unless expressly stated otherwise, any tax
advice contained herein, including attachments and enclosures, is not
intended or written to be used, and may not be used, for the purpose of (1)
avoiding tax-related penalties under the Internal Revenue Code or applicable
state or local tax law provisions, or (2) promoting, marketing or
recommending to another party any tax-related matters addressed herein.
-----Original Message-----
From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On Behalf Of
Marcella K. Anderson CPA
Sent: Monday, November 10, 2008 7:01 PM
To: taxchat@yahoogroups.com
Subject: RE: [taxchat] Re: Petition Tax Court
I have the client fill out the Petition to Tax Court remitting the $60. The
tax court calls the POA and from there you can work it out. The last Tax
Court Pro Se ended with no tax due from my client. In fact, for the last
two, clients received 90day letters without any chance or correspondence to
appeal. To be honest, my bill was less than the time I would have spent
discussing with a manager and going thru the appeals process. The people
there cut to the chase and work with you. At least that has been my
experience.
Marcella
-----Original Message-----
From: taxchat@yahoogroups.com on behalf of Tina Vanderberg
Sent: Mon 11/10/2008 4:41 PM
To: taxchat@yahoogroups.com
Subject: [taxchat] Re: Petition Tax Court
FYI-I to have two clients right now who have been issued notice of
deficiency before time has passed and cannot get resolved. Not sure what is
going on????
Tina Vanderberg
--- In taxchat@yahoogroups.com, "John Stevens, Equi-Tax"
<equitax@...> wrote:
>
> Donna,
>
>
>
> I assume your client is just trying to avoid the early withdrawal
penalty?
>
>
>
> The IRS has been pulling the trigger fast lately in issuing
deficiency
> notices, in some cases, I've heard, even before the time to submit
> additional documentation has passed, because they know that they
collect a
> lot of money from TP's who just send in the check out of fear. As
others
> have said, you have to be admitted to practice before the Tax Court
in order
> to complete a petition for your client, but the process isn't too
involved,
> and your client can probably do it. After the petition is filed,
the TC
> will send it back to Appeals, where you could then get it resolved
assuming
> you have a POA on file. Make sure it's worth it to your client for
you to
> get involved in order to avoid the $2000 early withdrawal penalty.
I assume
> the tax on the 20k has already been paid.
>
> John Stevens, EA
> Stevens Tax & Accounting, Inc., dba Equi-Tax 1870 - 50th St. E., Suite
> 8 Inver Grove Heights, MN 55077 651-773-5000 FAX 651-457-4529
> equitax@...
> www.equitax.net
>
>
>
> _____
>
> From: taxchat@yahoogroups.com [mailto:taxchat@yahoogroups.com] On
Behalf Of
> Donna J. Perrone
> Sent: 11/10/2008 2:11 PM
> To: taxchat@yahoogroups.com; 'TaxTalk Listserv Members'
> Subject: [taxchat] Petition Tax Court
>
>
>
> A client of mine received a Notice of Deficiency back in Aug 15,
2008. She
> took $20,000 from an IRA and used it to pay for tuition for her 2
children.
> For some reason, they never received the 5329 with code 8 -
Exemption for
> Higher Education costs. Can't figure out why, because I efiled her
return.
>
>
>
> When we got the Notice of Deficiency, I responded with a letter, a
POA,
> copies of the 5329, and copies of the kids tuition statements
showing the
> fees. For the son, we had $9424 of fees from one semester. My
client didn't
> get me the second semester's fees. We sent copies of both
semester's feese
> for the daughters school account fees.
>
>
>
> Today I received another letter from the IRS with form 886-A
Explanation of
> Items where they are still disallowing the 10% penalty because they
said we
> didn't provide all the necessary documentation.
>
>
>
> Part of the problem was that they picked up 2005 payment amounts,
not 2006.
>
>
>
> Now they say in their letter "Your time to petition the United
States Court
> will end on November 13, 2008. However, you may continue to work
with us to
> resolve your tax matter, but we cannot extend your time to petition
the
> United Stated Court beyond November 13, 2008."
>
>
>
> I have the client calling the schools again to get more complete
printouts
> showing receipts for tuition/fees. But this deadline is in 3
days! I have
> never had to petition the Tax Ccourt and I'm not sure I even need
to.
>
>
>
> Can anyone offer me some advice here how to proceed with this? Do I
> download a form from the Tax Court and file it? Do I even need
to? I would
> appreciate some quick guidance.
>
>
>
> thank you in advance,
>
> Donna
>
>
>
>
>
> Donna J. Perrone, EA
>
> East Haven, CT
>
> 203-469-4939
>
> 203-468-2038 fax
>
>
>
>
>
> IRS Circular 230 Disclosure: Unless expressly stated otherwise, any
tax
> advice contained herein, including attachments and enclosures, is
not
> intended or written to be used, and may not be used, for the
purpose of (1)
> avoiding tax-related penalties under the Internal Revenue Code or
applicable
> state or local tax law provisions, or (2) promoting, marketing or
> recommending to another party any tax-related matters addressed
herein.
>
------------------------------------
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this
transmission, any tax advice contained herein, forwarded with or attached to
this message was not and is not intended to be used, nor may it be relied
upon or used, by any taxpayer for the purpose of (1) the avoidance of any
tax-related penalties under the Internal Revenue Code or applicable state or
local tax law provisions, or (2) promoting, marketing or recommending to
another party any tax transaction or tax-related matters that may be
addressed herein.
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------------------------------------
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
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