IRS Amends Claim

[klux]

[Flamingo]

The IRS can only list the tax year(s) in which you included the amount due them in bankruptcy. They cannot add subsequent years where a balance is due on taxes into the amount that is being paid back to them by the Trustee under your Plan. THose taxes due are not part of your bankruptcy. You need to contact, as I see you have done, the Bankruptcy sector the IRS for your area and get that straightened out. It may help you also to have your attorney fax them a letter as to the situation so obtain a fax number from whoever you speak with in the BK section.

[klux]

The IRS can only list the tax year(s) in which you included the amount due them in bankruptcy. They cannot add subsequent years where a balance is due on taxes into the amount that is being paid back to them by the Trustee under your Plan. THose taxes due are not part of your bankruptcy. You need to contact, as I see you have done, the Bankruptcy sector the IRS for your area and get that straightened out. It may help you also to have your attorney fax them a letter as to the situation so obtain a fax number from whoever you speak with in the BK section.

There is a part on the POC that states *Amounts are subject to adjustment on 4/1/10 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. Think this means anything? As expected, I didn't hear back from them today, and now the person is out of the office. There is another box that is checked that states Check this box to indicate that this claim amends a previously filed claim.

Do you think that since I filed in the end of 2007, they might just be considering the taxes from 2007 part of their claim? I really wouldn't mind if these got paid through the plan, but not through the plan and also through stimulus rebate.....I don't want to pay it twice! It says amount of claim as of date case filed XXXXX, Don't know why it would say that when I filed in 2007.

[Flamingo]

There is a part on the POC that states *Amounts are subject to adjustment on 4/1/10 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment. Think this means anything? As expected, I didn't hear back from them today, and now the person is out of the office. There is another box that is checked that states Check this box to indicate that this claim amends a previously filed claim.

Do you think that since I filed in the end of 2007, they might just be considering the taxes from 2007 part of their claim? I really wouldn't mind if these got paid through the plan, but not through the plan and also through stimulus rebate.....I don't want to pay it twice! It says amount of claim as of date case filed XXXXX, Don't know why it would say that when I filed in 2007.

It appears what the IRS did is take the taxes for 2005 which you included in your filing and then, via an amended claim, increased the claim amount with your 2007 taxes owed. Since you filed at the end of 2007, your 2007 taxes would not be due until April 15, 2008. Since they were not paid by that time (did you file an extension?) they may have included them via an amended claim which may be something they can do in that event. In any event, contact your attorney who can find out what is going on because if that is what they did, your Plan will be adjusted.

[klux]

Flamingo,

Thanks for your responses to this. I just spoke with my field specialist, actually she was very nice. She is filing another amended proof of claim, back to the original amount. She said that it was offset from our stimulus payment and that she has entered a manual check for us to receive the difference between the stimulus and what we owed, yeah!

[Lesa13]

I also had the IRS file an amended claim to add another year of taxes and my POC was also very odd. the advice I was given by a former UST is really keep on the IRS about everything because if they make a mistake, chances are it won't get corrected unless YOU are on the case. Most are so intimidated by the IRS and "assume" they are correct in whatever they do, they just let it go. Glad you have a field officer that is working with you and making sure they are doing right!

[hughthehand]

They did the same thing to me. They hit me up for a tax return for 2002. I sent them a letter for that year and they amended their claim to take off and claim for 2002. Originally, they claimed what I had listed and then claimed an additional $5000 for 2002. Seeing how they had never done an assessment or I hadn't filed, I guess they just threw on $5000 for the hell of it. They didn't have any sources listed for 2002. So I sent them a letter to their bankruptcy division that stated "Filing threshold not met, no refund expected." Then they amended their claim minus the $5000 they originally claimed.

[AngelinaCatHub]

I guess I will have IRS amend. I owed them 9k this year due to my screw up with selling mortgage deed. Capital gains and all. My stimulus was eaten up and I sent that paper to my Trustee to let him know how I got my stimulus, so I only owe 7.8k more. That will end up being 24K to the IRS. Right now, I'm just treading water as they have not come down hard on me yet and I have been most fortunate that they all seem to be working with me. 'Hub