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    More back taxes found after filing

    Hi-

    We owed the IRS for the year 2003 (we were audited) and this debt was included in our BK filing which was confirmed in August 007.

    Got a letter today from the State Tax Franchise Board -- apparently the IRS reported their adjusted figures to them, and the state says we now owe $2,500 for 2003.

    Of course we can't pay it since all our money goes to the trustee.

    What should I do -- amend our return????

    We're pro-se, so your help is much appreciated.

    (Believe it or not, the pro-se thing has been working out so far).

    #2
    We were audited and found to owe money. The audit was during our BK and we did not have an additional $2500 to pay out to the IRS. We were told to write a letter to the IRS, Insolvency Dept. and explain that we were in BK and could not pay. We got a letter that said the $2500 was waived due to our BK. I would encourage you to do the same. I had no idea that they would do this! I'm dead serious. I will dig out the letter and get you the address if you want...but dont wait.

    Comment


      #3
      Originally posted by bkdone View Post
      We were audited and found to owe money. The audit was during our BK and we did not have an additional $2500 to pay out to the IRS. We were told to write a letter to the IRS, Insolvency Dept. and explain that we were in BK and could not pay. We got a letter that said the $2500 was waived due to our BK. I would encourage you to do the same. I had no idea that they would do this! I'm dead serious. I will dig out the letter and get you the address if you want...but dont wait.

      Well, I would like this. I am dropping my paperwork off to the attorney on Monday, and I have an audit on Weds. Have no idea what is going to happen. I really can't see owing much if anything as I did everything on the up and up and I don't think I made any mistakes but I just don't know until it happens...I would love that address!


      Thanks,
      ep
      Last edited by epiphany; 06-13-2008, 06:42 PM. Reason: typo
      California Bankruptcy Central

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        #4
        IRS BK Collections Dept...

        ADDRESS IS:

        IRS
        Bankruptcy Collections Department
        P.O. Box 21126
        Philadelphia, PA 19114

        Fax number: (215) 516-2015


        I sent a letter to the address, and a copy via fax with a cover sheet. I had no problems.

        Comment


          #5
          Originally posted by bkdone View Post
          ADDRESS IS:

          IRS
          Bankruptcy Collections Department
          P.O. Box 21126
          Philadelphia, PA 19114

          Fax number: (215) 516-2015


          I sent a letter to the address, and a copy via fax with a cover sheet. I had no problems.
          Thanks Done..it is much appreciated! I don't know if I will be filed first or if they will make their evalutation first...I understand they don't do that the the same day of audit?? I wonder if it makes a difference?



          ep
          California Bankruptcy Central

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            #6
            No, they dont make a decision the first day. They will ask you for things you likely wont have with you anyway, and they will give you a list of things to bring back. I think mine took 3 appointments...and then she sent us the results of her audit in the mail. It took awhile. I say let it take as long a possible...

            Comment


              #7
              Originally posted by bkdone View Post
              No, they dont make a decision the first day. They will ask you for things you likely wont have with you anyway, and they will give you a list of things to bring back. I think mine took 3 appointments...and then she sent us the results of her audit in the mail. It took awhile. I say let it take as long a possible...
              Well that sounds good but they sent me a long list of what they wanted me to bring. I will not get dinged the first go round if I do not have everything?

              I have been working hard to categorize and qualify everything.

              I am missing a few things that I cannot get in time but do have the vast majority of stuff they want. IMO the stuff that I can't provide at this time is mostly irrelevant, but who knows.

              ep
              California Bankruptcy Central

              Comment


                #8
                the IRS should file a claim in your case for the back taxes. Hopefully the claim will match what you owe, all of it. If not, call the IRS and tell them to amend their claim. They have more time to file a claim than other creditors.

                Comment


                  #9
                  Originally posted by bkdone View Post
                  We were audited and found to owe money. The audit was during our BK and we did not have an additional $2500 to pay out to the IRS. We were told to write a letter to the IRS, Insolvency Dept. and explain that we were in BK and could not pay. We got a letter that said the $2500 was waived due to our BK. I would encourage you to do the same. I had no idea that they would do this! I'm dead serious. I will dig out the letter and get you the address if you want...but dont wait.
                  While that may work with the IRS under certain circumstances as to federal taxes after an audit, it may not work with State taxes. The OP's taxes are due to his State, not the IRS...I suggest the OP contact the Tax Dept. or Division of Revenue in his/her state and explain what occurred and if they need to amend their return for that year and what to do as to the balance due the state. It all depends on the state tax laws.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment


                    #10
                    That is true, the OP did mention State taxes...my bad. However, calling is not sufficient. The rule is: If its not in writing, it doesnt exist. I called both taxing agencies many times, each time speaking to a representative, but the letters kept coming; each time more threatening than the last.

                    The point of my post is: You must write to the agency and get your letter to the right department. They wont help you if you dont ask, and they arent very forthcoming with the information. Both the IRS and State Revenue has a specific BK department. They wont tell you that not paying IS an option.

                    For this OP, they may end up making her pay, but at least it is worth a try to let the State agency know that there is a BK, and let their BK deptartment get involved.

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