San Jose, CA asked in Tax Law for California

Q: Tax Law. I recently received a letter from the IRS asking for my small business W2's for the period ending 2013.

I mailed those in back in 2013 but the IRS slis saying they never received them. Anyways I resubmitted them again this year but now they want an explanation of why I didn't send them in back in 2013. They are trying to charge me with a $10,000 civil penalty. How can I show them proof that I sent them the W2's if I used USPS?

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2 Lawyer Answers
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: If you have a certified mail slip you can send them that otherwise it's your testimony that they were submitted.

You have to keep pushing back and appealing until you find someone who understands that testimony is a form of evidence and will accept that, or you can just accept it and request an abatement and pay what they won't abate.

Andrew M Steiger agrees with this answer

Andrew M Steiger
Andrew M Steiger
Answered
  • Tax Law Lawyer
  • Grosse Pointe, MI

A: Did you submit those same W-2s to the state or local tax authority? Did you report them elsewhere on time? On time in 2013? A tax attorney may be able to help you explore other forms of evidentiary proof to satisfy the IRS demands.

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