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Published:   |   Last Updated: October 23, 2024

Letter 1277

Penalty Appeal Decision

Where am I on the Roadmap?

Overview

The Independent Office of Appeals has sent you a letter 1277 informing you that your request for penalty adjustment was either partially accepted or fully denied.

I need more information

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What does this mean to me?

Interest and applicable penalties continue to accrue on your balance due until the IRS receives your full payment. If you haven’t paid the balance due in full, you can send your payment to the Service Center address shown on your notice. Please make your check, money order or cashier’s check payable to the U.S. Treasury. Learn more on installment agreements and online payment agreements.

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How did I get here?

You filed a claim for refund and or request for abatement of penalties proposed by the IRS. The IRS fully or partially disallowed your claim or abatement. You filed a protest requesting Appeals make a determination based on evidence and arguments you submitted.

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What are my next steps?

If you disagree with Appeals determination, you can continue your appeal by filing suit with either a United States District Court or the United States Court of Federal Claims. Before you file a suit, you must:

  • Pay the balance due in full.
  • File a claim on Form 843, Claim for Refund and Request for Abatement, with a statement requesting your claim be immediately disallowed, with the Service Center that processed the applicable return.

The Service Center will send you a formal notice disallowing your claim, and you’ll generally have two years from the date of this formal claim disallowance to file your suit.

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Customer Satisfaction Survey

At the conclusion of the Appeals process, an authorized vendor may contact you to perform an Appeals customer satisfaction survey. Your participation is voluntary, and the survey will not ask for personal or financial information of any kind.

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Additional Information

If you have formally submitted a request for an appeal and need to check on the status of your request, you can reach us at 855-865-3401.

Leave a message with:

  • your name,
  • tax ID number,
  • a callback number,
  • and the nature of your request.

We’ll research the status of the case and return your call within 48 hours. If we haven’t received your case yet, you won’t receive a call back from us. If you don’t hear back from us or are unsure if your request for an appeal has been forwarded, please directly contact the person with whom you were last involved (examiner or collection officer). They will be better equipped to answer your questions with respect to your appeal request. For more information on submitting an appeal, please refer to Protests on page 3 of Publication 5 for more information on how to request an administrative appeal.

Where can I get additional help?

Publication 5

Your Appeal Rights and How To Prepare a Protest If You Don’t Agree

Download

Publication 556

Examination of Returns, Appeal Rights, and Claims for Refund

Download

General Resources

Understanding your notice or letter

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If you still need help

The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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The taxpayer Bill of Rights is grouped into 10 easy to understand categories outlining the taxpayer rights and protections embedded in the tax code.

It is also what guides the advocacy work we do for taxpayers.

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