On September 2, 2011, the IRS issued final regulations concerning the section 6707A penalty.  Such a penalty is imposed on taxpayers who fail to include any information regarding a reportable transaction which was required to be disclosed.  The final regulations follow the statutory language of section 6707A as amended by the Small Business Jobs Act of 2010, but do not give further guidance regarding the Service’s computation of the penalty.

It is anticipated that such penalty computation guidance will be issued at a later date.(such guidance is expected by way of regulations that will be issued at a later date).  Nonetheless, the final regulations do provide additional guidance concerning rescission of the penalty.

The attorneys of Williams Coulson regularly represent clients with section 6707A matters before the Internal Revenue Service.  Please do not hesitate to contact Michael E. Lloyd, F. Jefferson Bragdon, or Stephen J. Pieklik should you have any questions concerning your innocent spouse matter.

IRS CIRCULAR 230 TAX ADVICE DISCLAIMER: Any federal tax advice contained in this communication (including attachments or enclosures) is not intended or written to be used, and it cannot be used, for the purpose of (1) avoiding any penalty that may be imposed by the Internal Revenue Service or (2) promoting, marketing or recommending any transaction or matter.