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Filing Proof of Claim for IRS on Behalf of Debtor
Not sure you can elect for C13 cases. Check the tax code or, better yet,
ask your friendly neighborhood cpa.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven B. Lever
Sent: Monday, May 24, 2010 2:02 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Filing Proof of Claim for IRS on Behalf of Debtor
Chapter 13s are always asset cases. If you file a Chapter 13 in the middle
of the year and you owe taxes for same year you filed, I take it you should
elect the short year, right?
The post was migrated from Yahoo.
Steve:
copy of 1398a, applies to 7's and 11's only.
How Current is This?
(a) Cases to which section applies
Except as provided in subsection (b), this section shall apply to any case under chapter 7 (relating to liquidations) or chapter 11 (relating to reorganizations) of title 11 of the United States Code in which the debtor is an individual.
dennis
The post was migrated from Yahoo.
charset="ISO-8859-1"
Just as an aside, in almost 10 years as a Special Assistant US Atty
representing the IRS, I never saw a single case in which the debtor had made
the IRC 1398 election.
John D. Faucher
On 5/24/10 2:01 PM, "Steven B. Lever" wrote:
>
>
>
>
>
> Chapter 13s are always asset cases. If you file a Chapter 13 in the middle of
> the year and you owe taxes for same year you filed, I take it you should elect
> the short year, right?
>
>
> Dennis McGoldrick
> Sent: Monday, May 24, 2010 9:22 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Filing Proof of Claim for IRS on Behalf of Debtor
>
>
>
> Robert is right. Good lesson for everyone. If you file an asset case, you
> must consider making a short-year election. This election cuts the tax year
> to the period of the year from Jan 1, until the filing date. Tax due for
> the short year becomes an obligation of the estate to be paid by the asset
> case. Don't file the election and human is stuck with the taxes after the bk.
>
> Dennis McGoldrick
>
> 350 S. Crenshaw Bl., #A207B
>
> Torrance, CA 90503
>
>
> On May 21, 2010, at 4:53 PM, robert90701@aol.com wrote:
>>
>>
>>
>> Hello Donny:
>>
>>
>>
>> The taxes are an obligation of the debtor since an IRC 1398 election was not
>> made by Jan 15,2010
>>
>>
>>
>> Not obligation of the estate so no claim is allowable.
>>
>>
>>
>> No pro-ration since no IRC 1398 election made.
>>
>>
>>
>> Good Luck starts with a strategy and a plan.
>>
>> Robert J. Suhajda, MS,CPA
>> 17721 Norwalk Blvd. #43
>> Artesia, CA 90701
>> 562-924-8922
>>
>> Admitted to US Tax Court, Income Tax for Attorneys, Bankruptcy,
>> IRS representation, Fiduciary income tax returns, Estate and
>> Gift tax returns, Trust Protector, Independent Trustee, Court Accountings
>>
>>
>>
>>
>>
>> In a message dated 5/21/2010 3:56:22 P.M. Pacific Daylight Time,
>> brandspellman@yahoo.com writes:
>>>
>>>
>>> Hello everyone,
>>>
>>> Chapter 7. Asset Case. Case Filed 09/14/09. Post-petition, Debtor files 2009
>>> tax returns and owes. IRS has not filed POC. Gov't claims bar date has not
>>> yet passed.
>>>
>>> If I file a POC on behalf of the IRS, are the taxes owed for 2009 an
>>> allowable claim?
>>>
>>> If so, would I pro-rate the amount owed for 2009 to account for only the
>>> pre-petition period of 01/01/2009 to 09/13/2009?
>>>
>>> Thanks,
>>>
>>> Donny Brand
>>> Brand & Spellman PC
>>> 3836 E Anaheim St
>>> Long Beach, CA 90804
>>> Tel: (562) 438-7500
>>> Fax: (562) 438-8500
>>
>>
>
>
>
>
>
>
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Filing Proof of Claim for IRS on Behalf of Debtor
Just as an aside, in almost 10 years as a Special Assistant US Atty representing the IRS, I never saw a single case in which the debtor had made the IRC 1398 election.
John D. Faucher
On 5/24/10 2:01 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
Chapter 13s are always asset cases. If you file a Chapter 13 in the middle of the year and you owe taxes for same year you filed, I take it you should elect the short year, right?
From:
The post was migrated from Yahoo.
Robert is right. Good lesson for everyone. If you file an asset case, you must consider making a short-year election. This election cuts the tax year to the period of the year from Jan 1, until the filing date. Tax due for the short year becomes an obligation of the estate to be paid by the asset case. Don't file the election and human is stuck with the taxes after the bk.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On May 21, 2010, at 4:53 PM, robert90701@aol.com wrote:
Hello Donny:
The taxes are an obligation of the debtor since an IRC 1398 election was not made by Jan 15,2010
Not obligation of the estate so no claim is allowable.
No pro-ration since no IRC 1398 election made.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Admitted to US Tax Court, Income Tax for Attorneys, Bankruptcy,
IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns, Trust Protector, Independent Trustee, Court Accountings
In a message dated 5/21/2010 3:56:22 P.M. Pacific Daylight Time, brandspellman@yahoo.com writes:
Hello everyone,
Chapter 7. Asset Case. Case Filed 09/14/09. Post-petition, Debtor files 2009 tax returns and owes. IRS has not filed POC. Gov't claims bar date has not yet passed.
If I file a POC on behalf of the IRS, are the taxes owed for 2009 an allowable claim?
If so, would I pro-rate the amount owed for 2009 to account for only the pre-petition period of 01/01/2009 to 09/13/2009?
Thanks,
Donny Brand
Brand & Spellman PC
3836 E Anaheim St
Long Beach, CA 90804
Tel: (562) 438-7500
Fax: (562) 438-8500
Robert is right. Good lesson for everyone. If you file an asset case, you must consider making a short-year election. This election cuts the tax year to the period of the year from Jan 1, until the filing date. Tax due for the short year becomes an obligation of the estate to be paid by the asset case. Don't file the election and human is stuck with the taxes after the bk.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 21, 2010, at 4:53 PM, robert90701@aol.com wrote:
Hello Donny:
The taxes are an obligation of the debtor since an IRC 1398 election was
not made by Jan 15,2010
Not obligation of the estate so no claim is allowable.
No pro-ration since no IRC 1398 election made.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd.
#43
Artesia, CA
90701
562-924-8922
Admitted to US Tax Court, Income Tax for
Attorneys, Bankruptcy,
IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns, Trust Protector, Independent Trustee,
Court Accountings
In a message dated 5/21/2010 3:56:22 P.M. Pacific Daylight Time,
brandspellman@yahoo.com writes:
Hello everyone, Chapter 7. Asset Case. Case Filed 09/14/09.
Post-petition, Debtor files 2009 tax returns and owes. IRS has not filed POC.
Gov't claims bar date has not yet passed.If I file a POC on behalf of
the IRS, are the taxes owed for 2009 an allowable claim? If so, would
I pro-rate the amount owed for 2009 to account for only the pre-petition period of 01/01/2009 to 09/13/2009? Thanks, Donny
BrandBrand & Spellman PC3836 E Anaheim StLong Beach, CA
90804Tel: (562) 438-7500Fax: (562) 438-8500
The post was migrated from Yahoo.
Hello Donny:
The taxes are an obligation of the debtor since an IRC 1398 election was not made by Jan 15,2010
Not obligation of the estate so no claim is allowable.
No pro-ration since no IRC 1398 election made.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Admitted to US Tax Court, Income Tax for Attorneys, Bankruptcy,
IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns, Trust Protector, Independent Trustee, Court Accountings
In a message dated 5/21/2010 3:56:22 P.M. Pacific Daylight Time,
brandspellman@yahoo.com writes:
Hello everyone,
Chapter 7. Asset Case. Case Filed 09/14/09. Post-petition, Debtor files
2009 tax returns and owes. IRS has not filed POC. Gov't claims bar date has
not yet passed.
If I file a POC on behalf of the IRS, are the taxes owed for 2009 an
allowable claim?
If so, would I pro-rate the amount owed for 2009 to account for only the
pre-petition period of 01/01/2009 to 09/13/2009?
Thanks,
Donny Brand
Brand & Spellman PC
3836 E Anaheim St
Long Beach, CA 90804
Tel: (562) 438-7500
Fax: (562) 438-8500
Hello Donny:
The taxes are an obligation of the debtor since an IRC 1398 election was
not made by Jan 15,2010
Not obligation of the estate so no claim is allowable.
No pro-ration since no IRC 1398 election made.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd.
#43
Artesia, CA
90701
562-924-8922
Admitted to US Tax Court, Income Tax for
Attorneys, Bankruptcy,
IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns, Trust Protector, Independent Trustee,
Court Accountings
In a message dated 5/21/2010 3:56:22 P.M. Pacific Daylight Time,
brandspellman@yahoo.com writes:
Hello everyone, Chapter 7. Asset Case. Case Filed 09/14/09.
Post-petition, Debtor files 2009 tax returns and owes. IRS has not filed POC.
Gov't claims bar date has not yet passed.If I file a POC on behalf of
the IRS, are the taxes owed for 2009 an allowable claim? If so, would
I pro-rate the amount owed for 2009 to account for only the pre-petition period of 01/01/2009 to 09/13/2009? Thanks, Donny
BrandBrand & Spellman PC3836 E Anaheim StLong Beach, CA
90804Tel: (562) 438-7500Fax: (562) 438-8500
The post was migrated from Yahoo.
Hello everyone,
Chapter 7. Asset Case. Case Filed 09/14/09. Post-petition, Debtor files 2009 tax returns and owes. IRS has not filed POC. Gov't claims bar date has not yet passed.
If I file a POC on behalf of the IRS, are the taxes owed for 2009 an allowable claim?
If so, would I pro-rate the amount owed for 2009 to account for only the pre-petition period of 01/01/2009 to 09/13/2009?
Thanks,
Donny Brand
Brand & Spellman PC
3836 E Anaheim St
Long Beach, CA 90804
Tel: (562) 438-7500
Fax: (562) 438-8500
The post was migrated from Yahoo.