A New Jersey law firm that paid an estate client's $305,000 penalty and interest for filing a late tax return won the money back by convincing a federal judge that the Internal Revenue Service shouldn't have assessed the penalty in the first place. The judge ruled that the IRS violated its own rules for deciding whether extensions are merited in complex cases -- like this one -- in which the lawyers don't receive all the information needed to complete the filing on time.
May 27, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A New Jersey law firm that paid an estate client’s $305,000 penalty and interest for filing a late tax return won the money back Tuesday by convincing a federal judge that the Internal Revenue Service shouldn’t have assessed the penalty in the first place.
U.S. District Judge Dennis Cavanaugh in Newark, N.J., ruled that the IRS abused its discretion when it refused to grant a one-month extension in 2006 and accept the late filing by Morristown, N.J.’s McElroy, Deutsch, Mulvaney & Carpenter.
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