the irs says my back taxes were not discharged but my attorny says they were.
2007-04-26 08:16:42 · 6 answers · asked by golfcrazyjeff 1 in Business & Finance ➔ Taxes ➔ United States
Final accounting will show what was discharged. I don't think IRS liens are discharged by bankruptcy in many cases.
2007-04-26 08:30:07 · answer #1 · answered by wizjp 7 · 2⤊ 1⤋
Yes, the bankruptcy court does produce a schedule of the debts discharged. In most cases, tax debt can't be discharged by bankruptcy.
2007-04-26 20:17:25 · answer #2 · answered by STEVEN F 7 · 0⤊ 1⤋
This is what I found from my law course on this topic. You should have a schedule of debts discharged. If you listed the IRS as a debt owing, unless stipulated in the final discharge notice, your taxes would no longer be owed. Your attorney needs to verify for you as you probably only received the official notice of discharge.
Chapter 7 Bankruptcy will eliminate all income taxes except the following tax liability:
a. Taxes for which a tax return was due to be filed within three years (plus extensions) prior to the date of filing bankruptcy. For example, the tax return for 2003 income taxes was due to be filed on April 15, 2004 (plus any extensions), and therefore, these income taxes cannot be discharged by filing bankruptcy on or before April 15, 2007 (plus the time of extensions); OR
b. Taxes assessed by the IRS within 240 days before the filing of bankruptcy. Assessment date is the date that tax liability is entered on IRS records; OR
c. Taxes not yet assessed but still assessable; OR
d. Taxes for which a tax return was filed late and filed within two years prior to filing bankruptcy; OR
e. Taxes of a debtor who committed fraud related to a tax return or willfully attempted to evade or defeat taxes sought to be discharged.
Income taxes that do not fail any of the above five tests may be wiped out in a Chapter 7 Bankruptcy.
2007-04-26 15:34:55 · answer #3 · answered by Joseph H 4 · 1⤊ 2⤋
Also you may get your debt discharge by bankruptcy but if they filed the lien before you filed then the lien will stay on for any where between 7 and 12 years.
2007-04-27 01:08:12 · answer #4 · answered by BMAC 2 · 0⤊ 1⤋
I don't think anyone can ever get out of paying the IRS what they want from you. If that were the case, nobody would be paying taxes, eh?!
Ask your lawyer to show it to you in writing or consult with another 'tax lawyer' or look into the law yourself online.
2007-04-26 15:22:40 · answer #5 · answered by Ben 5 · 1⤊ 1⤋
Have your lawyer send you a copy of the bankruptcy courts order. That should tell you what you need to know. Also, you may need to send a copy to the IRS.
2007-04-26 19:41:53 · answer #6 · answered by Steve 6 · 0⤊ 2⤋