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Subject:  Re: Penalty for Payment sent with return on 4/17 Date:  6/21/2006  11:07 PM
Author:  SteveMcN Number:  87505 of 127540

I called the IRS a second time about this, and took the advice to ask for a supervisor. After several minutes of listening to classical muzak, the same rep came back on the line to announce that, after speaking to her manager, they would change the 'due date' for the owed tax to the date they cashed the check, thereby eliminating the late penalty. So problem almost solved; thanks for the advice to talk to a manager.

WRT the question about estimated tax, I pay into this also. This was a one-time windfall kind of situation.

WRT proof of mailing, the postmark was not the problem. I spoke to someone at the post office, and he told me that the burden of proof for a late return (not a late payment) is on the IRS. They must produce evidence that the return was postmarked late. Although, having a mail receipt would certainly help. And even the IRS rep was able to look up and verify the return's received date (4/17) and she was able to look up a copy of the check to see the date I wrote the check (4/17). With that, I guess they decided that the $15 they were trying to get out of me was not worth the hassle.

Thanks all for your replies.

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