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tax issue that could dismiss my case

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    tax issue that could dismiss my case

    I just got a letter from the IRS and i have only 6 days to respond or they will request a motion to convert or dismiss my case, i am freaking out right now!

    They are asking for taxes that i was suposed to have filed in 1999 and 2000. Problem is those were back taxes that i ended up paying in 2001. In the 1040 2001 form, there's no mention that i am also paying for the year of 1999 and 2002 as well. I am not sure what the accountant did, if that's how it is, but i am sure i paid.

    I will call the IRS tomorrow and try to explain. Everything was going so well and now this, really unexpected. Anyone with any experience in back taxes to give me some light?

    Thanks
    09/20/07 - Filed Ch 7
    10/24/07 - 341 meeting
    01/11/08 - Discharged :yahoo: :yahoo: :yahoo:
    01/25/08 - CASE CLOSED - :yahoo: :yahoo: :yahoo:

    #2
    but taxes 3 yrs or older can be discharged correct?
    Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

    Comment


      #3
      I thought older taxes could be discharged too. Why would they want tax returns that were 8 years old? I didn't even think they could audit back that far. Does the IRS get involved in bankruptcies, I thought it was only if you were discharging old taxes. I didn't realize that the IRS could dismiss a bankruptcy case. That is scary!

      I think you can request copies of your old tax returns from the IRS for a small fee. I'd see if I could order the copies from them and see what years they have available.

      Comment


        #4
        did you file your returns for those years? Taxes older than 3 years can be discharged, but only if you have filed your tax returns.
        Oct 9, 2007 - Filed my Chapter 13! Scores: 527/509/528
        Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
        Feb 11, 2009 - DISCHARGED & CLOSED!
        I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.

        Comment


          #5
          It seems the accountant did not file for those years but whatever i owed for those years he included in my 2001 tax return. To give an idea, i made 45K in 2001 and had to pay back almost 13K because of the back taxes on 1999 and 2000. It's something that i have to explain to let them know i paid.

          Thanks
          09/20/07 - Filed Ch 7
          10/24/07 - 341 meeting
          01/11/08 - Discharged :yahoo: :yahoo: :yahoo:
          01/25/08 - CASE CLOSED - :yahoo: :yahoo: :yahoo:

          Comment


            #6
            Originally posted by havetodecide View Post
            It seems the accountant did not file for those years but whatever i owed for those years he included in my 2001 tax return. To give an idea, i made 45K in 2001 and had to pay back almost 13K because of the back taxes on 1999 and 2000. It's something that i have to explain to let them know i paid.

            Thanks
            i have been trying to get my IRS refund of $2000
            back since 2001, they mis-applied it years ago...talking
            to the IRS is like talking to yourself in a mirror...
            its always a one-sided conversation, and when you
            call, they never know anything, i think they are just
            too damn lazy to dig for info over the phone.

            Comment


              #7
              You are entitled to free transcripts over the phone, I'm just not sure how far back on can go!

              Best of Luck, Catchmeifyoucan
              July 2006: Filed Ch13 :blink:
              Oct 2006: Converted to Ch7 :clapping:
              Jan 2007: DISCHARGED :clapping:
              Nov 2007: CLOSED :yahoo::yahoo::yahoo:

              Comment


                #8
                Well, called IRS and could not get anything resolved, basically they said i will have to file for those years, 1999 and 2000 and whatever i owe will not be dischargeable in the bankruptcy according to my lawer.

                Lawyer said it could get complicated a little at the 341 meeting but we will have to explain to the trustee that i will be filing for those years.

                I ordered the transcripts but since they are so old, IRS had to order the copies and will take approximately 60 days.

                Lawyer said i don't have to, but i was thinking in calling back IRS (bankruptcy section) and explain that it will take a me a while to file, what you guys think? Not sure what IRS will do since i have not filed yet.

                I am feeling not as stressed as yesterday, i could not get any work done yesterday because of this thing. Everything was going well and all of sudden something unexpected...

                Thanks everyone
                09/20/07 - Filed Ch 7
                10/24/07 - 341 meeting
                01/11/08 - Discharged :yahoo: :yahoo: :yahoo:
                01/25/08 - CASE CLOSED - :yahoo: :yahoo: :yahoo:

                Comment


                  #9
                  So does filing bankruptcy automatically alert the IRS to check past taxes, or what? How did they get alerted to your bankruptcy?
                  <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                  FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                  Comment


                    #10
                    Originally posted by PaKettle View Post
                    So does filing bankruptcy automatically alert the IRS to check past taxes, or what? How did they get alerted to your bankruptcy?
                    As with any creditor, the IRS is only notified of your BK if you list them in your schedule of Creditors.

                    Comment


                      #11
                      Originally posted by HHM View Post
                      As with any creditor, the IRS is only notified of your BK if you list them in your schedule of Creditors.
                      So, havetodecide, did you list the IRS as a creditor? How did they become aware of your owing taxes from 1999?

                      I had heard that they almost never go back more than 3 years, and NEVER went back more than 6 years! Not true, I guess...?
                      <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                      FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                      Comment


                        #12
                        Originally posted by PaKettle View Post
                        So, havetodecide, did you list the IRS as a creditor? How did they become aware of your owing taxes from 1999?

                        I had heard that they almost never go back more than 3 years, and NEVER went back more than 6 years! Not true, I guess...?
                        I thought they couldn't go back more than 6 years either. I always thought it was safe to toss out financial records from so long ago.

                        Comment

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