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[AGA-sc] just in case you guys don't think Scott is serious...

Here is something going down over at the ACA. A $3000 IRS fine because they didn't file their taxes on time last year. Granted they bring in a lot more money and have been around a lot more than the AGA, but they *have* an accountant.
I will keep following it to find out how they work it out, and report back.
I wish I could help Scott with the AGA's current similar crisis, but I know nothing about incorporation and these laws as well... 

  - Erik

---------- Forwarded message ----------
Date: Wed, 18 Aug 2004 14:04:22 -0400
From: "Hamilton, Frederick (hamiltfn)" <HAMILTFN@ucmail.uc.edu>
Reply-To: ACA Board and Cadre <aca-cadre@thekrib.com>
To: 'ACA Board and Cadre' <aca-cadre@thekrib.com>
Subject: RE: [Aca-cadre] Fw: RE: IMPORTANT - IRS Penalty Letter Received f or
    ACA

Hi, Claudia:

Many thanks for your quick work on this.  To save time, I am attaching a
scan of the letter from the IRS.  I don't think that we can wait for the
mails; if you can forward this to Mike by e-mail, that would save a fair
amount of time.  I think we'd also all appreciate it if Mike could relate to
you, or to Tim or to me, what he intends to do, and especially to let us
know ASAP whether the assessment must be paid.  The last thing we want is to
miss the upcoming deadline.

Fred Hamilton, J.D.
Associate General Counsel
University of Cincinnati Medical Center
Phone:  (513) 558-7748
FAX:    (513) 558-0549

The foregoing message may contain attorney-client information. You should
not copy, forward or otherwise distribute this email without the permission
of the sender. If you are not the intended recipient, you should delete this
message without retaining a copy and inform the sender of your action. Your
cooperation will be appreciated.


-----Original Message-----
From: Ivy Rose Cottage [mailto:ivyrose@optonline.net]
Sent: Wednesday, August 18, 2004 1:05 PM
To: ACA Cadre
Subject: Re: [Aca-cadre] Fw: RE: IMPORTANT - IRS Penalty Letter Received for
ACA



Hi Ken, Tim, Fred and All,

    I just got off the phone with Mike.  He told me to have Tim mail him the
IRS letter and he would take care of the matter with them.

    Claudia

----- Original Message -----
From: "Ken Davis" <kwdavis@uga.edu>
To: "ACA Cadre" <aca-cadre@thekrib.com>
Sent: Wednesday, August 18, 2004 9:56 AM
Subject: [Aca-cadre] Fw: RE: IMPORTANT - IRS Penalty Letter Received for ACA



FYI, lets see what Tim and Fred can do. We may have to pay.  Ken
----- Original Message -----
From: <fishfarm@mindspring.com>
To: <kwdavis@uga.edu>
Sent: Wednesday, August 18, 2004 9:40 AM
Subject: Fw: RE: IMPORTANT - IRS Penalty Letter Received for ACA





-----Forwarded Message-----
From: "Hamilton, Frederick (hamiltfn)" <HAMILTFN@UCMAIL.UC.EDU>
Sent: Aug 18, 2004 7:11 AM
To: 'Tim Hovanec' <hovanec@aquariagroup.com>,
"Hamilton, Frederick (hamiltfn)" <HAMILTFN@UCMAIL.UC.EDU>
Cc: NSTERN@DINSLAW.com, "'Fishfarm@mindspring.com'"

<Fishfarm@mindspring.com>

Subject: RE: IMPORTANT - IRS Penalty Letter Received for ACA

Hi, Tim -

Thanks for the info.  Unfortunately, I don't know of any method for
resolving this, based on your explanation.  I would look to Mike Mirras

to

make amends (I think we have paid him for this service, correct?) if he
cannot or will not, then we may need to go ahead and pay.

This is copied to Noah Stern for information, but since he is not a
volunteer for ACA, I wouldn't expect him to offer any help here (unless

we

get a resolution approved to compensate him).  Noah helped with the
tax-exemption matter, and did so at a substantial discount as a

professional

courtesy.  I paid the fees personally as a donation to ACA.

In any event I think we need to consider changing tax preparers, based

on

this; I'd suggest that you select someone who is known to you and

nearby,

and put forward the appropriate proposition to ensure that the funds are
available.  I would recommend doing this now and making the current

crisis

that person's first assignment.

Fred Hamilton, J.D.
Associate General Counsel
University of Cincinnati Medical Center
Phone:  (513) 558-7748
FAX:    (513) 558-0549

The foregoing message may contain attorney-client information. You

should

not copy, forward or otherwise distribute this email without the

permission

of the sender. If you are not the intended recipient, you should delete

this

message without retaining a copy and inform the sender of your action.

Your

cooperation will be appreciated.


-----Original Message-----
From: Tim Hovanec [mailto:hovanec@aquariagroup.com]
Sent: Tuesday, August 17, 2004 9:32 PM
To: Hamilton, Frederick (hamiltfn)
Cc: NSTERN@DINSLAW.com
Subject: RE: IMPORTANT - IRS Penalty Letter Received for ACA

Fred and Noah

here is the sequence of events that have caused this problem.

i got the financial info together and sent off to Mike Marris in Sept

03.

In the past Mike has automatically filed for an extension.

i heard nothing until I got a letter from the IRS in probably May of 04
asking for the tax return.  I immediately called Mike Marris can cuaght

him

as he was going to a conference, I told him the problem.  He sounded
surprised and said to fax him the letter, that the extension had been

filed.

i faxed him the letter that day.

i did not here from him for several days and started calling daily but

he

was never 'in'.

I would say 2-3 weeks later I got the tax return from mike but had never
spoken to him again.

I signed the form and sent it in.

who's fault?  I would some on me for not following up with mike and a

lot

on

mike for no filing the extension or doing the tax return faster.

how do we resolve without costing money?

thanks

tim






****************************************************************************

Dr. Timothy A. Hovanec
email:hovanec@marineland.com
Chief Science Officer
phone (805) 553-4446
The Aquaria Group
fax (805) 529-0170
(Marineland Aquarium Products, Perfecto, Aquarium Systems)
6100 Condor Dr
Moorpark, CA 93021 USA
www.marinelandlabs.com to visit the lab




****************************************************************************



----------
From: Hamilton, Frederick (hamiltfn)
Sent: Monday, August 16, 2004 9:07 AM
To: 'hovanek@marineland.com'
Cc: 'Fishfarm@mindspring.com'
Subject: IMPORTANT - IRS Penalty Letter Received for ACA

<<File: ACA_SECOND_SCAN.PDF>><<File: ACA_FIRST_SCAN.PDF>>
Hi, Tim:



We received a letter today from the IRS concerning ACA's tax return

from

2003.  According to their records, the return was due November 15,

2003,

but

was not received until June, 2004 - seven months late.  The notice

assesses

penalties of  $ 2924.75.  I am attaching a scan of the notice
("ACA_SECOND_SCAN.PDF").  I am copying this to Ken Davis as an

informational

matter.



I am told that the IRS is reasonable in these situations and often

will

remit the penalty if supplied with good reason to do so.  I know that

ACA's

tax returns have been faithfully filed by you for a number of years,

and

therefore I think the way to proceed is for you to call the IRS to

determine

where the difficulty lies.  This discussion will need to occur very

soon:

the Notice requests payment by September 6.  Please let me know the

result

of the discussion with the IRS, or if I can help in any way.



Meanwhile, I am also attaching the IRS determination letter which we
received in June, for your files (ACA_FIRST_SCAN.PDF). Many thanks!!



Fred Hamilton, J.D.

Associate General Counsel

University of Cincinnati Medical Center

Phone:  (513) 558-7748

FAX:    (513) 558-0549



The foregoing message may contain attorney-client information. You

should

not copy, forward or otherwise distribute this email without the

permission

of the sender. If you are not the intended recipient, you should

delete

this

message without retaining a copy and inform the sender of your action.

Your

cooperation will be appreciated.










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