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Form 843 Minnesota: What You Should Know

When you receive a notice from the IRS claiming tax deficiency, review the notice carefully to determine whether it presents a valid assessment for which you may request a penalty abatement. For information about the notice of assessment, see the Revenue Procedure Guide, or any Revenue Procedure issued by the IRS. How to file your appeal: If you disagree with how you have been assessed for a penalty, you may file an appeal. Determining your decision: You must file the appeal to the district court of the county where the claim was issued (such as the county you filed the tax return). At the time of filing your appeal, you must file a certificate of eligibility, or attach an application for a Certificate of Eligibility to File an Appeal (Form 8949, Election to File Tax With Appeal). Instructions on IRS Appeals How to appeal: You should mail your appeal to the address on your Request for Abatement and Refund. You should not give the IRS notice or a copy of it to the other person. Determining your decision: You may appeal the decision of the IRS on the merits of your claim, or you may deny the refund claimed in error. What happens next: If the IRS denies your request, you can request a refund of any erroneous amount paid on the appeal. If the IRS decides that you may or may not be entitled to a refund, you file and serve an Administrative Penalties Claim with the IRS. If the IRS reverses its determination on the merits, you must file and serve a refund claim for the amount wrongly paid. You must serve your request in the same manner used for any request for a refund. You can use IRS Form 2063, Demand for Refund or Correct Claim for Refund. How to appeal: You should serve the administrative penalties claim and any proposed refund claim in a single envelope for each taxpayer and mailing to the address on your Request for Abatement and Refund as well as in all correspondence. You can use IRS Form 2063, Demand for Refund or Correct Claim for Refund with appropriate postage, or you can write your appeal on a separate piece of paper and then serve it on the original recipient of the notice. Determination of an IRS penalty abatement request: The IRS does not consider a penalty abatement a final resolution of an unresolved case.

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