Unusual IRS Situation

[Chaz]

I am not necessarily looking for specific advice but I was wondering if anyone has had this or something similar occur.

Employer was assessed a penalty of $40K under the ACA's shared responsibility provisions (the details don't matter).  At no time did the employer send the IRS any amounts with respect to this assessment.

Employer worked with counsel (me) to abate the penalty, which the IRS agreed to do.  

A few months later, the IRS sent Employer a check for $40K plus interest.  Employer wrote back and said that the check was sent in error and requested IRS guidance on how to handle it.

No response from the IRS.

A few months later, the IRS sent another check in the same amount to the Employer.  The employer responded similarly to what it did before.

A few months later, the IRS sent yet another check in the same amount.  Employer called the IRS and the representative told the Employer to send the checks back.  Employer did so, along with a brief explanation.

All was good until this past November, when the IRS sent a note saying that it was still working on the matter and would respond in 60 days.  Last week the IRS sent another check, this time in the amount of $50K or so, reflecting additional interest.

That is all.

 

[Brian Gilmore]

So they went from a proposed $40k §4980H assessment to having IRS checks in hand totaling over $130k?  That's one of the crazier stories I've ever heard.  Never heard of that happening in the 226J context.  I guess there isn't anything to do but continue to inform the IRS of the error each time and request guidance on how to handle.  Maybe next time they'll get $60k...

[Bill Presson]

What a perfect example of govt incompetence.