Guest merlin Posted April 14, 2003 Posted April 14, 2003 I have a client whose 412 minimum contribution was due 3/15/03 and was not made. He thinks he can show that he has reasonable cause. What is the procedure for making his case for reasonable cause? Just make the explanation now and wait for the Service to respond? Or file the 5330 with the penalty and file for a refund?
david rigby Posted April 14, 2003 Posted April 14, 2003 It may be possible, but I have never heard of a refund. My understanding is that the IRS position is that the first excise tax in 4971(a) cannot be waived because it is statutory. The second in 4971(b) has some flexibility, and might be waivable. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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