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A Taxing Situation
Q:
“I own a business, but I neglected to file my income tax for several years. Since my diagnosis of ADD and treatment for it, I have filed my taxes on time. Can I get a waiver of penalties from the IRS based on my diagnosis?” 
A:
As a criminal defense attorney, I never use ADHD or any other disability as a defense for anti-social and/or criminal behavior. It does not constitute a legal defense. However, the IRS may view your ADHD as a mitigating circumstance in explaining why you didn’t pay your taxes on time. You have already taken steps—starting medication to manage symptoms—to ensure that you will file future returns on time. Explain this to your accountant or attorney, and have him bring that up to the state or IRS when pleading your case. In many cases, back taxes, interest, and penalties can be negotiated. A skillful advocate can get the IRS to waive penalties and, in some instances, reduce your tax liability.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.
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