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Penalty Abatement

Remove or reduce IRS penalties through first-time abatement or reasonable cause.

FTA Requirement3 years clean compliance
Failure-to-File Penalty5%/month, max 25%
Failure-to-Pay Penalty0.5%/month, max 25%
IRC Authority§§ 6651, 6654
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One honest conversation. You'll hang up knowing exactly what the IRS can — and can't — do to you, and how we'll stop them.

Call (877) 829-5267
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Legally reviewed byGregory McCauley Jr., Esq.

Tax Attorney · Villanova University School of Law · Admitted in Delaware, New Jersey, United States Tax Court

Last reviewed
What This Actually Is — And How We End It

The Truth About Penalty Abatement — And What To Do Right Now

IRS penalties can add 25% or more to your tax bill. But what most taxpayers don't realize is that penalties can often be removed — either through First-Time Abatement (FTA) or by demonstrating reasonable cause.

McCauley Law Offices has a proven track record of getting penalties reduced or eliminated entirely. We analyze your compliance history, identify qualifying grounds, and build persuasive arguments that the IRS accepts.

First-Time Abatement is the easiest penalty relief to get — if you've filed on time and paid your taxes for the past 3 years, the IRS will typically remove failure-to-file and failure-to-pay penalties automatically upon request. Many taxpayers don't know this program exists.

Understanding IRS Penalties

The IRS imposes different types of penalties depending on what went wrong. The most common penalties include:

  • Failure-to-File Penalty (IRC § 6651(a)(1)): 5% of unpaid taxes per month, up to 25%. This is the most expensive penalty — it accrues quickly.
  • Failure-to-Pay Penalty (IRC § 6651(a)(2)): 0.5% per month of unpaid taxes, up to 25%. Reduced to 0.25% during an installment agreement.
  • Estimated Tax Penalty (IRC § 6654): Assessed when you don't pay enough tax throughout the year through withholding or estimated payments.
  • Accuracy-Related Penalty (IRC § 6662): 20% of the underpayment due to negligence, disregard of rules, or substantial understatement.
If you owe the IRS and haven't filed, file as soon as possible — even if you can't pay. The failure-to-file penalty (5%/month) is 10 times higher than the failure-to-pay penalty (0.5%/month). Filing on time saves you thousands.

How We Get Penalties Removed

First-Time Abatement (FTA)

The IRS's administrative waiver program removes failure-to-file and failure-to-pay penalties if you meet three conditions:

  • You filed all required returns or filed valid extensions
  • You have no penalties for the prior 3 tax years (minor estimated tax penalties are OK)
  • You've paid or arranged to pay any tax due

FTA can be requested by phone, in writing, or through a formal abatement claim. We handle the entire process and ensure the request is positioned for approval.

Reasonable Cause Abatement

If you don't qualify for FTA, penalties can still be removed if you had reasonable cause for the failure. The IRS evaluates whether you exercised ordinary business care and prudence but were still unable to comply. Common reasonable cause arguments include:

  • Serious illness or hospitalization — you or an immediate family member
  • Death of a family member or close relative
  • Natural disaster — fire, flood, hurricane affecting your records or ability to file
  • Reliance on professional advice — your CPA or tax preparer gave you wrong guidance
  • IRS errors — incorrect advice from IRS agents or delayed processing
  • Unable to obtain records — records were stolen, destroyed, or held by a third party
When arguing reasonable cause, documentation is everything. Medical records, insurance claims, police reports, and written correspondence with your tax preparer all strengthen your case. We help clients build an airtight reasonable cause package.

Combining Penalty Abatement With Other Relief

Penalty abatement is often most powerful when combined with other resolution strategies. For example:

  • We can get penalties abated before submitting an Offer in Compromise — reducing the total amount the IRS uses to evaluate your offer
  • We pursue abatement alongside installment agreements — lowering the overall balance you need to repay
  • For taxpayers in Currently Not Collectible status, reducing penalties means less interest accruing over time
You Are Not Alone

People Just Like You Have Sat In This Exact Chair

They were terrified. They were ashamed. They thought they were the only one. Then they made one phone call — and everything changed.

First-Time Non-Filer with Clean History

A Cherry Hill professional failed to file for 3 years due to a family crisis. We filed all returns and secured full first-time penalty abatement, reducing his bill from $47,000 to $18,200 — a 61% reduction.

Business Owner Hit with Trust Fund Penalties

A Haddonfield business owner was assessed $75,000 in penalties on top of $120,000 in payroll taxes. We got $52,000 in penalties abated by demonstrating reasonable cause.

Reasonable Cause After Hurricane Damage

A Wilmington client lost records and had her preparer's office flooded during a federally declared storm. We documented the disaster impact, secured full reasonable-cause abatement of $19,400 in penalties, and aligned the relief with the IRS disaster-zone procedures.

IRS Notices

That Letter In Your Hand? Here's What It Really Means.

The IRS writes notices in code on purpose. If any of these landed in your mailbox, penalty abatement is exactly how we fight back — and the clock is already ticking.

IRS CP14Balance Due Notice
Respond Promptly

This is the IRS's first notice telling you that you owe taxes. It shows the amount due, including any penalties and interest.

Deadline: 21 days

IRS CP501Reminder Notice
Take Action

A reminder that you have a balance due. This is a follow-up to the initial CP14 notice.

Deadline: 21 days

IRS CP2000Underreported Income Notice
Respond Promptly

The IRS believes you didn't report all your income. They've received information (W-2s, 1099s) that doesn't match your return.

Deadline: 30 days

IRS CP210 / CP220Adjustment to Business Tax Account
Respond Promptly

CP210 (and the related CP220) notifies a business that the IRS has adjusted its tax account — typically a math correction, a credit transfer, or a penalty assessment on a payroll or business return. The notice shows the adjusted balance and may demand additional tax, penalties, and interest.

Deadline: 30 days

IRS CP59Unfiled Tax Return Notice
Urgent — Don't Delay

The IRS has no record of your federal tax return for a prior year and is asking you to file it. CP59 is the IRS's first formal step toward filing a Substitute for Return (SFR) on your behalf — which almost always overstates what you owe.

Deadline: Respond promptly (typically 30 days)

IRS CP2501Income Information Doesn't Match (Pre-CP2000)
Respond Promptly

CP2501 is the IRS's first letter telling you third-party income data (W-2s, 1099s, K-1s, 1099-NECs) doesn't match what you reported. It's the prelude to a CP2000 adjustment if you don't respond.

Deadline: 30 days

Every Day You Wait, The IRS Wins A Little More.

Penalties stack. Interest compounds. Legal options quietly disappear. One free call ends the spiral.

Call (877) 829-5267
From Panic To Peace Of Mind

Exactly How We Take This Off Your Shoulders

The hardest step is the first one. Everything after that, we carry for you. No surprises. No runaround. No lectures.

  1. 1

    Run the 3-year FTA eligibility check

    We pull your transcripts and confirm FTA is available before drafting — many people qualify and don't know it.

  2. 2

    Build the reasonable cause file (if needed)

    Medical records, death certificates, FEMA letters, preparer correspondence — we assemble the proof the IRS examiner expects.

  3. 3

    Draft the written abatement request

    We submit Form 843 or a written request with the legal authority, factual narrative, and supporting exhibits — never a phone-only request when meaningful dollars are at stake.

  4. 4

    Push through Appeals if denied

    Most first-pass denials are reversible. We file a timely protest to IRS Appeals where the analysis is more nuanced and reasonable cause arguments fare significantly better.

  5. 5

    Sweep the refund window

    If penalties were already paid, we file Form 843 as a refund claim within the statute and follow through to issuance.

Proven Results

This Isn't Theory — It's What We Do Every Week

Penalty Abatement — First-Time Non-Filer

Cherry Hill professional who failed to file for 3 years. We filed all returns and secured full penalty abatement under first-time abatement rules.

Owed$47,000
Resolved$18,200
Saved61% reduction
View all case results
4.9 out of 5
on Google

Trusted by Thousands of Taxpayers

Real results from real clients

"McCauley Law resolved my $180,000 IRS debt for a fraction of what I owed. I was facing wage garnishment and bank levies — they stopped everything and negotiated an incredible settlement."

"After years of IRS letters and threats, Gregory and his team got my penalties completely removed. They were professional, responsive, and genuinely cared about my case."

"They stopped a wage garnishment within 48 hours and ultimately settled my case for pennies on the dollar. I can't recommend them enough."

"I hadn't filed taxes in 5 years and was terrified. McCauley Law handled everything — filed all my returns, negotiated with the IRS, and got my penalties reduced by 80%."

"As a small business owner, I was facing $250,000 in payroll tax debt. Their team negotiated an Offer in Compromise that saved my business."

"My ex-husband's tax fraud left me liable for $135,000. McCauley Law got full innocent spouse relief — I owe nothing. They gave me my life back."

"Facing criminal tax charges was the worst experience of my life. Gregory McCauley's defense was brilliant — charges reduced, no prison time. Forever grateful."

"The IRS had a lien on my home and was threatening seizure. McCauley Law negotiated a manageable payment plan and got the lien subordinated so I could refinance."

"Professional, knowledgeable, and responsive. They explained every step of the process and kept me informed throughout. Resolved my $92,000 tax debt for $8,500."

"McCauley Law resolved my $180,000 IRS debt for a fraction of what I owed. I was facing wage garnishment and bank levies — they stopped everything and negotiated an incredible settlement."

"After years of IRS letters and threats, Gregory and his team got my penalties completely removed. They were professional, responsive, and genuinely cared about my case."

"They stopped a wage garnishment within 48 hours and ultimately settled my case for pennies on the dollar. I can't recommend them enough."

"I hadn't filed taxes in 5 years and was terrified. McCauley Law handled everything — filed all my returns, negotiated with the IRS, and got my penalties reduced by 80%."

"As a small business owner, I was facing $250,000 in payroll tax debt. Their team negotiated an Offer in Compromise that saved my business."

"My ex-husband's tax fraud left me liable for $135,000. McCauley Law got full innocent spouse relief — I owe nothing. They gave me my life back."

"Facing criminal tax charges was the worst experience of my life. Gregory McCauley's defense was brilliant — charges reduced, no prison time. Forever grateful."

Google Review

"After years of IRS letters and threats, Gregory and his team got my penalties completely removed. They were professional, responsive, and genuinely cared about my case."

SL

Sandra L.

Cherry Hill, NJ

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FAQs

The Questions Keeping You Up At Night — Answered

One Phone Call. Or Another Sleepless Night.

Stop Letting The IRS Own Your Mornings.

You already know what happens if you do nothing. Pick up the phone for a free, confidential conversation with a real tax attorney — 30+ years inside the IRS playbook — and finally start fighting back.

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