IRS and courts have no discretion to reduce late-filing penalties for tax-exempt organizations

03/22/2010 |

The federal Ninth Circuit Court of Appeals has held that the IRS and courts cannot reduce the amount of the late-filing penalty imposed on tax-exempt organizations when they fail to file Form 990 or other information returns in a timely manner. IRC § 6652 imposes the penalty using a formula, which the court held is mandatory.

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