lovebug5

BK and IRS Tax Debt?

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That is what I thought. :)

I ended up in an argument over this topic this past weekend with a BK attorney who I don't particularly like. I'm telling ya, some of these people are sliiiiiiiimey!!!!

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There may be something in the "insolvency" provisions of the IRS code that lets you defer back taxes when you file BK, but I'm pretty sure that's all it is...deffered. I think they get their pound of flesh eventually.

I know that's the case with us. We owed taxes when we did BK 7. They stopped trying to collect when I was unemployed, but as soon as I got a job, they were back at me.

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A lot depends on how old the taxes are and whether or not returns were actually filed.

If the tax returns WERE filed, and the taxes have been due for 3 years or more, they very well may be dischargeable.

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It also depends what kind of tax. Its not very straightforward.

So, really it is a MAYBE

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I believe there is a 10 Year SOL on taxes, my brother was able to use the 10 year SOL recently.

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A lot depends on how old the taxes are and whether or not returns were actually filed.

If the tax returns WERE filed, and the taxes have been due for 3 years or more, they very well may be dischargeable.

My brother was told today by a BK attorney that if you filed and they have been due for greater than 2 then you can discharge them. If you never filed them, you are screwed.

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