I forgot to tell the group that I owe the IRS back taxes from 2006. I posted in another thread that my debt is discharged and case closed. And when I checked Pacer the court sent a letter of discharge to IRS. Does anybody here whose bk was discharged owe the IRS back taxes and if these were discharged with bk. Thank you.
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Income tax is dischargeable if all of the following are met:
1. Tax year is more than 3 years old. 06 taxes were due on 4/15/07 or 10/15/07 if you requested an extension. They became more than 3 years old on 4/16/10 or 10/16/10.
2. The tax return had to be filed by the taxpayer either on time or at least 2 years before filing.
3. Any assessments made by the taxing agency had to be completed at least 240 days prior to filing.
4. No fraud can be involved.
If the taxing agency filed a tax lien, the taxpayer sought an OIC or the taxpayer is a multiple bankruptcy filer, then there are other issues involved but, in general, if you meet all of the prongs of the above test the tax was discharged. The biggest question is what was your filing date and did you file for an extension thus moving the due date of the returns to October 15, 2007.
There are numerous threads relating to this issue so search them for more info.
Des. -
Thank you Des.Comment
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