| Return Reference | Explanation |
|---|---|
| Form 990, Part IV, Line 11f | Organization has no uncertain tax positions under FIN 48 (ASC 740-10). |
| Form 990, Part VI, Line 6 Classes of members or stockholders | Members are all general members. |
| Form 990, Part VI, Line 7a Members or stockholders electing members of governing body | General members elect the governing body. General members are any qualified person, firm, or association or corporation meeting the qualifications for membership and paying the minimum amount of annual dues. |
| Form 990, Part VI, Line 11b Review of form 990 by governing body | A copy of the Form 990 is made available to all board members prior to filing with the IRS. |
| Form 990, Part VI, Line 12c Conflict of interest policy | Conflicts due to business relationships are documented on a disclosure form annually. Each director is expected to self-report conflicts of interest that might affect topics coming up for vote and to abstain from such votes. The chair of the board of directors enforces the policy. |
| Form 990, Part VI, Line 15a Process to establish compensation of top management official | FOR THE CEO'S SALARY, THE CFO SUBMITS TO THE BOARD'S COMPENSATION COMMITTEE HISTORICAL SALARY DATA AND PERFORMANCE BONUS HISTORY AS WELL AS BENCHMARK SALARY SURVEYS THAT ARE PERTINENT. A STUDY TYPICALLY USED FOR THIS PURPOSE IS DONE BY THE AMERICAN CHAMBER OF COMMERCE EXECUTIVES WHICH GIVES BENCHMARKS FOR CHAMBERS BASED ON COMMUNITY SIZE AND REVENUE LEVELS. THE CEO MEETS WITH THE COMPENSATION COMMITTEE TO DISCUSS ACCOMPLISHMENTS AND ATAINMENT OF BENCHMARKS THAT WERE SET. AFTER MEETING WITH THE CEO, THE COMMITTEE SEPARATELY REVIEWS ALL INFORMATION TO DETERMINE THE SALARY TO BE AWARDED. |
| Form 990, Part VI, Line 15b Process to establish compensation of other employees | Annual performance reviews compare performance to requirements of job descriptions and agreed upon and documented goals are established at the beginning of the appraisal period. For management other than the CEO, recommendations for salary increases are submitted by the CEO after review against comparability data and then reviewed by the CFO against comparability data and available compensation pool of funds. |
| Form 990, Part VI, Line 19 Required documents available to the public | The organization's governing documents, conflict of interest policy and financial statements are available upon request. |
| Reasonable Cause Statement | I. INTRODUCTION & REQUEST FOR RELIEF The Greater Chattanooga Area Chamber of Commerce (the "Chamber") respectfully requests the abatement of all late-filing penalties, including additions to tax and related interest, assessed against the Chamber under Internal Revenue Code (IRC) § 6651(a)(1) and/or IRC § 6652(c)(1)(A) for the fiscal tax year ended June 30, 2024. The Chamber is a tax-exempt organization under IRC § 501(c)(6). The filing delay for the period ending June 30, 2024, was entirely due to reasonable cause and was not due to willful neglect. The Chamber exercised ordinary business care and prudence but was temporarily prevented from submitting a timely filing due to severe complexities in compiling financial information necessary to secure a finalized, verified independent audit. II. STATUTORY AND REGULATORY FRAMEWORK IRC § 6651(a)(1) provides that a penalty for failure to file a tax return on or before its due date shall be waived if it is shown that the failure is due to reasonable cause and not due to willful neglect. Treasury Regulation § 301.6651-1(c)(1) further clarifies the standard for reasonable cause: "If the taxpayer exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time, the delay is due to a reasonable cause." Furthermore, "willful neglect" has been judicially defined by the United States Supreme Court as a "conscious, intentional failure or reckless indifference" (United States v. Boyle, 469 U.S. 241, 245 (1985)). As detailed below, the Chamber's conduct at all times reflected a good-faith commitment to precise regulatory compliance, completely precluding any finding of willful neglect. III. STATEMENT OF FACTS CONSTITUTING REASONABLE CAUSE The Chamber has historically maintained an excellent compliance record with the Internal Revenue Service. For the fiscal year end of June 30, 2024, the Chamber fully intended to file its annual returns within the legally prescribed timeframe, including any validly requested extension periods. The core causes of the delay include: Financial Aggregation Complexities: Delays arose in pulling together granular financial schedules and accounting details from separate membership, program, and regional tracking channels into a cohesive reporting model consistent with audit requirements. Absence of Willful Neglect: The delay was completely unintentional. The Chamber acted with ordinary business care by continuously allocating internal accounting personnel and resources to resolve the financial data anomalies as quickly as possible. The return was prepared and submitted immediately upon the completion and verification of the underlying financial information. IV. APPLICATION OF LAW TO FACTS The IRS Internal Revenue Manual (IRM) § 20.1.1.3.2.2 establishes that "Unavailability of Records complex data compilation hurdles can constitute reasonable cause if the taxpayer establishes that the delay was unavoidable despite ordinary business prudence. The Chamber did not demonstrate "reckless indifference "conscious disregard" of its filing obligations. Rather, the Chamber prioritized the core mandate of tax administration: filing a complete, true, and accurate return. Filing the Form 990/990-T prior to finalizing the financial figures to mirror the audited financial statements would have resulted in an inaccurate return, defeating the purpose of transparency and compliance. The delay was an isolated, non-willful operational hurdle tied strictly to the complexities of the June 30, 2024, audit synchronization. V. CONCLUSION Given the Chamber's compliance history, its proactive effort to resolve accounting discrepancies, and the clear absence of willful neglect, the Chamber meets the criteria for reasonable cause relief under IRC § 6651(a)(1), IRC § 6652(c)(1)(A), and Treas. Reg. § 301.6651-1(c)(1). We respectfully request that all late-filing penalties and associated interest be abated in full. VI. JURAT STATEMENT (REQUIRED BY LAW) Under penalties of perjury, I declare that I have examined this statement, including accompanying documents, and to the best of my knowledge and belief, it is true, correct, and complete. Respectfully submitted, YOLANDA HAYSLETT, VICE PRESIDENT OF FINANCE AND OPERATIONS Greater Chattanooga Area Chamber of Commerce |
| Software ID: | 23017437 |
| Software Version: | 2023v6.0 |