§6657 — Bad checks
3 citing cases
Statute Text — 26 U.S.C. §6657
If any instrument in payment, by any commercially acceptable means, of any amount receivable under this title is not duly paid, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered such instrument, upon notice and demand by the Secretary, in the same manner as tax, an amount equal to 2 percent of the amount of such instrument, except that if the amount of such instrument is less than $1,250, the penalty under this section shall be $25 or the amount of such instrument, whichever is the lesser. This section shall not apply if the person tendered such instrument in good faith and with reasonable cause to believe that it would be duly paid.
Treasury Regulations
-
Treas. Reg. §301.6657-1Bad checks
(a) In general. Except as provided in paragraph (b) of this section, if a check or money order is tendered in the payment of any amount receivable under the Code, and such check or money order is not paid upon presentment, a penalty of one percent of the amount of the check or money order, in addition to any other penalties provided by law shall be paid by the person who tendered such check or money order. If, however, the amount of the check or money order is less than $500, the penalty shall be $5 or the amount of the check or money order, whichever amount is the lesser. Such penalty shall be paid in the same manner as tax upon the issuance of a notice and demand therefor.
(b) Reasonable cause. If payment is refused upon presentment of any check or money order and the person who tendered such check or money order establishes to the satisfaction of the district director that it was tendered in good faith with reasonable cause to believe that it would be duly paid, the penalty set forth in paragraph (a) of this section shall not apply.
-
Treas. Reg. §301.6657-1(a)In general.
In general. Except as provided in paragraph (b) of this section, if a check or money order is tendered in the payment of any amount receivable under the Code, and such check or money order is not paid upon presentment, a penalty of one percent of the amount of the check or money order, in addition to any other penalties provided by law shall be paid by the person who tendered such check or money order. If, however, the amount of the check or money order is less than $500, the penalty shall be $5 or the amount of the check or money order, whichever amount is the lesser. Such penalty shall be paid in the same manner as tax upon the issuance of a notice and demand therefor.
-
Treas. Reg. §301.6657-1(b)Reasonable cause.
Reasonable cause. If payment is refused upon presentment of any check or money order and the person who tendered such check or money order establishes to the satisfaction of the district director that it was tendered in good faith with reasonable cause to believe that it would be duly paid, the penalty set forth in paragraph (a) of this section shall not apply.
3 Citing Cases
The Commissioner assessed a penalty against the Melaskys under section 6657 for tendering the check the IRS made bounce.
fact, he demanded four separate ²On March 25, 2012, petitioner submitted a check to the IRS in purported payment ofhis 2004 and 2006 liabilities. This check was returned and, on April 30, 2012, the IRS assessed a penalty for dishonored payment under section 6657. - 4 - [*4] CDP hearings--one for each year at issue and a fourth hearing for the frivolous return penalties. On August 6, 2013, a settlement officer (SO) from the IRS Appeals Office wrote petitioner, scheduling a single CDP hearing by t