TAP RECOMMENDATION

ID 1650 The underpayment was due to a casualty, disaster, or other unusual circumstance, and it would be inequitable to impose the penalty. For federally declared disaster areas, see Federally declared disaster. The underpayment was due to a casualty, disaster, or other unusual circumstance, and it would be inequitable to impose the penalty. A waiver may be appropriate because of death, serious illness, or injury. Similarly, if the individual cannot obtain the information necessary to compute his or her tax when the taxpayer’s books and records were destroyed by fire or another casualty. For federally declared disaster areas, see Federally declared disaster. It would be helpful for taxpayers to understand what “unusual circumstances” may permit waiver of the penalty. This is based on relevant precedent (e.g., Meyer v. Commissioner, T.C. Memo 2003-12; In the Matter of Sims, 92-1 USTC ¶?50,034) and legislative history (H.R. Conf. Rep. No. 98-432 (Part 2), at 1489 (1984); S. Rep. No. 98-169, at 506–07 (1984).

Form 2210, Part I, line 9, first bullet point after the Yes box

ID 1650

Adopted for 2019

TAP RECOMMENDATION

ID 1651 If Box B, C, or D applies, you must figure your penalty and file Form 2210. If Box B, C, or D applies, you must figure your penalty using either Part III or Part IV and file Form 2210. Adding the additional verbiage makes it clear the taxpayer may use either Part III or Part IV. It is also consistent with the instructions for the second bullet point, which indicates the taxpayer may use either Part III or Part IV.

ID 1651

Adopted for 2019