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Whenever you rely on IRS written advice which results in you receiving tax penalties, you are entitled to a penalty abatement.
The penalty will only be abated if you reasonably relied upon the IRS incorrect advice,
The written advice was in response to your request for advice, and the advice was not the result of your failing to supply information to the IRS.
You simply request this penalty abatement by filling out IRS Form 843. Across the top, simply write “ Request for Abatement of Penalty or Addition to Tax Under Section 6404(f) ”.
On Line 5 you will explain in detail your reasons for filing this claim and show your computation for the credit, refund, or abatement.
If you attach an additional sheet(s), include your name and SSN, ITIN, or EIN on it. Also, attach to Form 843 any appropriate supporting evidence such as: