Irs

[robin0727]

My bankruptcy was discharged in May 2005. The IRS was listed in my schedule as creditors owed for years 1996 - 2003. I received no notice from them that I still had to pay. Now they have put a levy against my wages. Has anyone been able to include IRS in bankruptcy?:

[Princesskina]

Did u file in New Laws or Old... With OLD laws u were able as long as they were old taxes

[robin0727]

Old Laws, and the taxes were for 1996 - 2003. They said I owed for 1997 - $1900 and 2003 - $1400. My tax refund for 2005 was $2960 which I filed Tuesday on line and they garnished my check for $274.00 and they said I still owe them $94.00 for 2003.

[Princesskina]

Old Laws, and the taxes were for 1996 - 2003. They said I owed for 1997 - $1900 and 2003 - $1400. My tax refund for 2005 was $2960 which I filed Tuesday on line and they garnished my check for $274.00 and they said I still owe them $94.00 for 2003.

Check Pacer and see were they included as discharged creditors cause I don't see why the 1996 taxes werent discharged but check it to be sure.

[robin0727]

What is Pacer?

[Princesskina]

What is Pacer?

Its a database for BK filers... http://www.bankruptcyforum.com/t1011-what-is-pacer.html

[robin0727]

WOW!!! Thank You

[Kam]

As I recall your past-due taxes can not be older than three years and have to be filed within a certain time frame prior to filing for BK (according to my State tax person).

[Princesskina]

As I recall your past-due taxes can not be older than three years and have to be filed within a certain time frame prior to filing for BK (according to my State tax person).

But according to BK I read u can get OLD taxes that are due discharged but not newer ones.

[CRRAVOSA]

There is a process for determination of dischargeable taxes check our Rev. Proc. 2006-24 at the irs's web site, you may also want to call contact Donza M. Poole at (202) 622-3620 (not a toll-free call).

[lrprn]

But according to BK I read u can get OLD taxes that are due discharged but not newer ones.

From the Nolo web site at http://www.nolo.com/article.cfm/Obje...3/161/176/ART/ :

"You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:

** The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy.

** You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help.

** The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy.

** You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy.

** You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)"

[robin0727]

I meet all the requirements from the Nolo website. I'll call the IRS
Monday ask to speak to someone other than an agent. Maybe they have someone that handles bankruptcy. Thanks Again.