State taxes

[isabella]

I need advice. I have received a tax bill from the state if Michigan for taxes dues from 2008. I was NOT a resident of Michigan in 2008, I was a full time resident of Minnesota. all my income came from Minnesota. I didn't even move to Michigan till 2009, I have called, written letters, provided my Minnesota 2008 state return and Michigan still says I owe! How can that be? My BK attorney (I filed in Dec 09 in Michigan 5 year plan.) said there is nothing they can do if they did not file a claim on my case. What do I do? Michigan wants nearly $4,000 in 35 days that I do not owe.

[kornellred]

If what you say is true, then the state of Michigan bears the burden of proof for your ostensible debt. If the state starts a lawsuit against you, you go to Court and show proof to the judge that you did not live in Michigan in 2008, and the case will be tossed out.

[despritfreya]

Simple answer. . . File the Michigan Return "under protest" with all $0.00s and attach the Minnesota return OR file an affidavit that you did not need to file the return as you were not a resident of nor worked in Michigan in 2008.

In actuality however, your attny needs to deal with this as, even if you did owe, you are in bk. The taxing agency's attempt to collect an alleged pre petition debt (you filed in 09 and the alleged claim is for 08) is a violation of the automatic stay. Go back to your attny for resolution of this issue.

Des.