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The Finance Base
The Money Desk · Blog
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What Evidence Helps Show an Income Tax Claim Was Made in Good Faith?

Keep records that support the tax item and document how you decided to report it. For a penalty dispute, the right evidence depends on the penalty, tax year, and circumstances.
From TheFinanceBase Team4 min to read
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The strongest evidence is a contemporaneous record that supports the tax item itself and shows how you reached your decision: source documents, calculations, relevant correspondence, and any advice you relied on. No single document guarantees penalty relief. For U.S. federal taxes, whether reasonable cause and good faith apply depends on the penalty and the facts.

What evidence should you keep?

Build a file around the specific income, deduction, credit, or transaction and the tax year involved. The IRS says records such as receipts and canceled checks can support items reported on a return; organized records can also help with return preparation and questions during an examination.

  • Evidence of the item: Receipts, canceled checks, bank or other account statements, contracts, invoices, and other records that support the amount and its connection to the reported item. Match each document to the relevant transaction and tax year.
  • Evidence of your decision: Keep dated calculations, notes, source materials, and correspondence showing what facts you considered and what steps you took to determine the correct tax treatment. This is a practical way to document your process, not an official IRS checklist.
  • Evidence of advice: Save written advice, engagement or correspondence records, the date you sought advice, and the information you gave the adviser.
  • Evidence of circumstances affecting compliance: Keep relevant records and dates for events that made compliance difficult, such as serious illness, a casualty or disaster, difficulty obtaining records, a mistake, or erroneous advice. Their significance depends on the penalty and circumstances.
  • Filing, payment, and notice records: Keep proof of submission or payment and the IRS notice. In appeal situations, proof of timely filing or payment may be relevant; follow the instructions for your particular notice.

The IRS generally advises retaining supporting records while they may be material to tax administration, usually until the limitations period for the return expires. The appropriate period depends on the circumstances and applicable rules, so a single number of years is not right for every taxpayer. See the IRS recordkeeping guidance.

A simple tax document organizer can help keep receipts and supporting records together. It is optional and does not establish that a claim is valid.

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Does using a tax preparer prove good faith?

No. A preparer’s involvement alone does not establish that a particular position was analyzed or that you provided accurate and complete information. If you relied on professional advice, retain the advice and records showing what facts and documents you gave the adviser. The IRS recognizes reliance on advice as potentially relevant, but the facts supporting that reliance matter; it is not an automatic defense.

The IRS practice unit on reasonable cause and good faith says the taxpayer bears the burden of supporting a request for penalty relief. It describes reasonable cause in terms of ordinary business care and prudence, and notes that efforts to determine the proper liability, along with knowledge and experience, can matter. The applicable analysis varies by penalty. See the IRS Reasonable Cause and Good Faith practice unit.

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Does disclosure make an unsupported claim acceptable?

No. Disclosure and substantiation address different issues. The instructions for Form 8275 explain that adequate disclosure may help avoid certain portions of an accuracy-related penalty for some return positions if the position also has at least a reasonable basis. The instructions describe reasonable basis as a relatively high standard: “The reasonable basis standard isn’t satisfied by a return position that is merely arguable.”

Disclosure does not replace proper books, records, or substantiation. The Form 8275 instructions say a taxpayer who failed to keep proper books and records or properly substantiate items cannot avoid the penalty simply by disclosing the position. These rules concern particular penalties; disclosure is not a general license to report an unsupported item. See the Instructions for Form 8275 (October 2024).

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What should you send if an IRS penalty notice arrives?

  1. Identify the issue. Note the tax year and penalty, then check the notice for the IRS’s stated reason.
  2. Follow the notice’s process. Use its response method, address, and deadline. IRS guidance says you can dispute a penalty by contacting the number on the notice or sending an explanation and supporting documents to the notice address; the notice controls the instructions for your case.
  3. Explain the facts and attach relevant records. Connect your explanation to the specific item, dates, steps taken, advice received, or circumstances that prevented compliance. Include applicable proof of filing or payment.
  4. Consider individualized help when warranted. A tax attorney, CPA, or enrolled agent familiar with the issue or penalty appeal may help assess the applicable standard and organize a response in a complex, substantial, or contested matter. Hiring a professional does not guarantee relief.

The IRS lists serious illness, casualty or disaster, inability to obtain records, mistake, and erroneous advice or reliance among circumstances that may be considered in Appeals. Which facts matter depends on the penalty and the case. See IRS Appeals penalty appeal eligibility guidance and IRS penalty relief guidance.

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