No Time Bar to Penalty Assessment in Erroneous Refund Case
ECC 202044007
- Institutional AuthorsInternal Revenue Service
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- Tax Analysts Document Number2020-42789
- Tax Analysts Electronic Citation2020 TNTF 211-41
UILC:6501.00-00, 6676.00-00
Release Date: 10/30/2020
ID: CCA_2019111509251413
From: * * *
Sent: Friday, November 15, 2019 9:25:14 AM
To: * * *
Cc: * * *
Bcc:
Subject: Question about statute of limitations and section 6676 penalty
This advice responds to your request for assistance.
Issue
Whether the statute of limitations bars assessment of the section 6676 penalty in the following situation.
Facts
More than three years ago, a taxpayer filed an income tax return claiming a substantial amount of false withholdings, resulting in an erroneous refund for which a section 6676 penalty is warranted. The claiming of the withholdings has been shown to be fraudulent.
Conclusion
The statute of limitations does not bar assessment of the section 6676 penalty in this situation.
Please let us know if you have any follow-up questions.
- Institutional AuthorsInternal Revenue Service
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- Tax Analysts Document Number2020-42789
- Tax Analysts Electronic Citation2020 TNTF 211-41