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Chief Counsel Advice 202346023 Released November 17, 2023 Advice

Taxpayer response can trigger supervisory penalty approval

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This page covers one taxpayer's ruling from 2023, which can't be cited as precedent. Ezel answers your situation under the current Code and IRS guidance, with citations.

Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It resolved one taxpayer's situation on its specific facts, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that supervisory approval is required when a taxpayer challenges the amount of tax underlying a proposed penalty. Automated Underreporter case notes should record the substance of taxpayer correspondence and conversations. If the notes lack detail but show that the taxpayer responded and an agent was assigned, the penalty should be treated as no longer calculated solely through electronic means. That treatment applies unless other evidence shows the contrary.

Ruling snapshot

  • Question: When should an automatically calculated penalty be treated as requiring supervisory approval after a taxpayer responds?
  • Outcome: Advice given, a substantive challenge and agent assignment trigger the approval requirement
  • Key authorities: IRC § 6751

Full text (IRS public release)

 ID:        CCA_2023072614334546              [Third Party Communication:

 UILC:      6751.02-00                        Date of Communication: Month DD, YYYY]

Number: 202346023
Release Date: 11/17/2023
From: ----------------------
Sent: Wednesday, July 26, 2023 2:33:45 PM
To: ----------------------
Cc:
Bcc:
Subject: RE: Supervisory Approval Question


Hi ------------,

Correct. If a taxpayer challenges the amount of tax to which the penalty is attributable
(i.e., the adjustments leading to the imposition of the penalty) we would need
supervisory approval.

Ideally AUR should be including the substance of the correspondence and
conversations in the case notes. When there is no detail in the notes but the taxpayer
has responded and an agent is assigned you should treat the penalty as no longer
calculated through electronic means unless there is some other evidence to the
contrary.

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