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No Time Bar to Penalty Assessment in Erroneous Refund Case

NOV. 15, 2019

ECC 202044007

DATED NOV. 15, 2019
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Citations: ECC 202044007

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.

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