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Federal · Internal Revenue Service

Proposed trust fund recovery penalty

Letter 1153 · Form 2751

What it is
The IRS proposes to hold an individual personally liable for the unpaid withheld income and employment taxes of a business, on the theory that the person was responsible for collecting and paying them over and willfully failed to. The penalty equals the trust fund portion of the unpaid tax.
The clock it starts
60 days from the letter date to protest to Appeals (the statute requires the notice at least 60 days before assessment). Signing Form 2751 agrees to the assessment.
What a response has to establish
A protest on responsibility and willfulness: who had signature authority, who decided which creditors were paid, when the person learned of the delinquency, and what was done about it.
Authority
  • IRC §6672
  • Treas. Reg. §301.6672-1
  • IRM 5.7.4
  • IRM 5.7.6
  • IRS Publication 1
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A protest letter structured on the responsible-person and willfulness elements, with the facts and the authority for each.

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