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    Need Help

    Filed CH13 on 7/30/2010 and confirmed 1/11/2011. Just received a notice from IRS that I owe taxes for 2009. I forgot to put a disbursal from my 403b(7). I just plain missed it. I had misplaced the 1099-R. What to do. I can't pay the $5500.00 and must use the installment plan. Do I let them go through mu CH13 to collect or just make arrangements on my own. I do not want to mess with the IRS. Please help. Will this create problem for my CH13?

    #2
    contact your Lawyer immediately.....
    Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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      #3
      Definitely contact your attorney first. You may have more than one option. Since it was for pre-petition taxes, that were assessed post petition, your attorney "may" be able to modify your confirmed plan. Worse case, you may be able to start an installment plan with the IRS. However, paying on installment will cost you more because you will need to pay interest.

      I think I convinced myself that you should contact your attorney and see if this can be treated as if it was assessed before you filed!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        JB is correct. The IRS will amend its POC (assuming you owed other taxes) to cover this audit assessment. You can modify your Plan to provide for it. Even if a POC had not been filed, since it stems from a pre petition tax year adding it to the Plan should not be a problem. Adding the tax will increase your Plan payment but such increase should be less than $115.00 per month spread over the remaining 4 years if you are already at 60 months.

        Des.

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