I am appealing a 6039F penalty for two years. FNITL have not been issued for either year yet, only CP504s.
I plan to file protest first, and then file FOIA request afterwards to see if IRC 6751(b)(1) was followed. My reasoning for doing it in this order is to get file to Appeals before requesting FOIA so exam can’t fix any mistakes. Call me paranoid if you want.
Has anyone had success getting the penalty abated? If so, can you share how you got it?
I hear anecdotally that some practitioners have gotten FTA on first year, but I have not heard from anyone one who has gotten it for their own client. They just heard it from someone who heard it from someone else, etc. If you did get the first year abated, how? Was it really FTA or was it on some other grounds like hazards?
Finally, has anyone filed Qualified Offers for 6039F penalty appeals?