Tax Return Penalties San Jose CA

Tax return penalties are catgorized into two prongs: the negligence prong and the diregard of the rules and regulations prong.

Local Companies

H & R Block
(408) 297-4585
1409 Bird Ave
San Jose, CA

H & R Block
(408) 998-3067
851 Del Mar Ave
San Jose, CA

Montero Jose Tax & Bookkeeping Service
(408) 729-3636
2361 Seacliff Way
San Jose, CA

H & R Block
(408) 297-4585
1409 Bird Ave
San Jose, CA

H & R Block
(408) 937-8530
1020 S White Rd
San Jose, CA

A Plus Tax Service
(408) 942-6869
2890 Sierra Rd
San Jose, CA

Taxmasters
(408) 236-2444
3550 Stevens Creek Blvd
San Jose, CA

Eichinger A C Ike
(408) 241-8588
920 Saratoga Ave
San Jose, CA

H & R Block
(408) 578-5090
5892 Santa Teresa Blvd
San Jose, CA

H & R Block
(408) 281-7998
7052 Santa Teresa Blvd
San Jose, CA

provided by:

This penalty is really composed of two alternative penalties. The first is the negligence prong and the second is the disregard of the rules and regulations prong.

"Negligence"
"Disregard of rules & regulations"

"Negligence"

"Negligence" includes (but is not limited to) any failure:

(1) to make a reasonable attempt to comply with the internal revenue laws;
(2) to exercise ordinary and reasonable care in preparation of a tax return; or
(3) to keep adequate books and records or to substantiate items properly.

Moreover, taking a position on your return that has a reasonable basis is not negligence. The IRS will typically find negligence if a taxpayer (1) fails to include on an income tax return income reported on an information return (such as an IRS Form 1099) or (2) fails to make a reasonable attempt to ascertain the correctness of a deduction, credit, or exclusion that would seem to a reasonable person to be "too good to be true".

"Disregard of rules & regulations"

This prong may be asserted if you carelessly, recklessly or intentionally disregard IRS rules and regulations - by taking a position on your return with little or no effort to determine whether the position is correct or knowingly taking a position that is incorrect.

Adequate disclosure on your tax return is not a defense against the negligence prong of the penalty, but may be a defense against the disregard prong. However, disclosure alone is not enough - you must show that there was a reasonable basis for the position.

Featured Local Company

Peter B. Diaz, CPA – Tax Consulting, Tax Preparation & Financial Planning

650-400-2539
1811 Kentfield Ave
Redwood City, CA
http://www.diazconsulting.com

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