.jpg)
State Sales Tax
523a1C would make the entire amount of tax nondischargeable. I've never run into this, but I don't know how it can be read differently.- John D. Faucher818/889-8080
On Friday, March 10, 2017 2:04 PM, "Gaurav Datta gdatta@gmail.com [cdcbaa]" wrote:
Would the civil fraud penalties be dischargeable too if the debtor was hit with a fraud penalty when they personally assessed the corp sales taxes to the debtor?
Gaurav Datta, Esq.,LL.M
444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802
Phone: 562-435-9062
Fax: 562-281-6158www.dattalawgroup.com
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
On Mon, Mar 6, 2017 at 1:58 PM, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
You have to wait three years from when the return was due, and two years from when it was actually filed. You did file a return that made the personal assessment against the principal, didn't you? Read up on Ilko for more information. If the Board of Equalization made a personal assessment against the debtor based on the corporation's returns, but there is no return filed showing that the individual is also liable, then it's not dischargeable for the same reason that an IRS assessment based on a substitute for return is never dischargeable.
- John D. Faucher818/889-8080
On Monday, March 6, 2017 1:19 PM, "sam@southbaybk.com [cdcbaa]" wrote:
I am filing one of these cases in 2 weeks - which is over 240 days since the corporatesales tax was assessed against the Debtor personally. Question: since the taxes were assessed, do I still have to wait for the entire 3 year assessment period to run? Thoughts?
The post was migrated from Yahoo.
I've never seen this be an issue. As long as the corporation filed
the returns on time, that should satisfy the requirements. I've had
numerous debtors discharge SBOE debts and they never filed their own
returns with the SBOE.
On 3/6/2017 1:58 PM, John Faucher j.d.faucher@sbcglobal.net [cdcbaa]
wrote:
>
>
> You have to wait three years from when the return was due, and two
> years from when it was actually filed. You did file a return that
> made the personal assessment against the principal, didn't you?
> Read up on Ilko for more information. If the Board of Equalization
> made a personal assessment against the debtor based on the
> corporation's returns, but there is no return filed showing that
> the individual is also liable, then it's not dischargeable for the
> same reason that an IRS assessment based on a substitute for
> return is never dischargeable.
>
>
> - John D. Faucher
> 818/889-8080
>
>
> On Monday, March 6, 2017 1:19 PM, "sam@southbaybk.com [cdcbaa]"
> wrote:
>
>
> I am filing one of these cases in 2 weeks - which is over 240 days
> since the corporate sales tax was assessed against the Debtor
> personally. Question: since the taxes were assessed, do I still
> have to wait for the entire 3 year assessment period to run? Thoughts?
>
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
John F raises an interesting point. I don't think I've ever seen any individual self assess, or file a return as a responsible officer on behalf of a corporate tax liability.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Mar 6, 2017, at 3:22 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> What if the business files a chapter 7, there is a notice of claims bar date, and the IRS does not file a proof of claim. Would that estop the IRS from making an assessment against the individual?
>
>
> Sincerely,
>
> Michael Avanesian
>
>
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
> Tel: (818) 276-2477 | Fax: (818) 208-4550
>
> We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>
> IRS Circular 230 Disclosure: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
>> On Mon, Mar 6, 2017 at 2:33 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>>
>> Yes, because otherwise the taxes would "still be assessable" on the petition date.
>>
>>> On 3/6/2017 12:34 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>>> I have a PC who called me about this same issue. I actually read your website Mark about this. If the client did not shut down his business down, must he shut it down and be assessed the taxes personally before the tax debt qualifies for discharge?
>>>
>>>
>>>
>>> Regards,
>>>
>>>
>>>
>>> Tuan Le
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>>>
>>>
>>>
>>> Sent: Friday, March 03, 2017 11:48 PM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: Re: [cdcbaa] State Sales Tax
>>>
>>>
>>>
>>>
>>>
>>> SBOE taxes are clearly dischargeable if the requirements are met for discharge (same as income taxes).
>>>
>>> The trick is that the taxes must have been fully assessed more than 240 days prior to filing the bankruptcy and not still be assessable as of the date of filing.
>>>
>>> The SBOE has 3 years from notification by the corporation that it is terminating its business to make an assessment against the responsible officer. This is where most make the mistake. They think that assessment against the corporation is the same as assessment against the individual.
>>>
>>> My article at https://www.bklaw.com/bankruptcy-blog/2 ... hargeable/
>>>
>>> explains in more detail.
>>>
>>> --
>>>
>>> *************************
>>> Mark J. Markus
>>> Law Office of Mark J. Markus
>>> Mailing Address Only:
>>> 11684 Ventura Blvd. PMB #403
>>> Studio City, CA 91604-2652
>>> (818)509-1173 (818)332-1180 (fax)
>>> web: http://www.bklaw.com/
>>> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
>>> This Firm is a Qualified Federal Debt Relief Agency
>>> ________________________________________________
>>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>>>
>>>
>>>
>>>
>>>
>>> On 3/3/2017 10:38 PM, easky1@yahoo.com [cdcbaa] wrote:
>>>
>>> Hello:
>>>
>>>
>>>
>>> I have long believed sate sales taxes, collected by the debtor and not turned over to the state, were nondischargeable. Has anyone have any cites saying they are dischargeable?
>>>
>>> Dennis
>>>
>>>
>>>
>>>
>>>
>>>
>>
>> --
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> Mailing Address Only:
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
The post was migrated from Yahoo.
What if the business files a chapter 7, there is a notice of claims bar
date, and the IRS does not file a proof of claim. Would that estop the IRS
from making an assessment against the individual?
Sincerely,
*Michael Avanesian *
*[image: avanesian-law-logo-modern]*
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: (818) 276-2477 | Fax: (818) 208-4550
We are a debt relief agency. We help people file for bankruptcy relief
under the Bankruptcy Code.
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* Any U.S. federal tax advice contained in
this communication (including any attachments) is not intended or written
to be used or relied upon, and cannot be used or relied upon, for the
purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed herein.
On Mon, Mar 6, 2017 at 2:33 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
>
> Yes, because otherwise the taxes would "still be assessable" on the
> petition date.
>
> On 3/6/2017 12:34 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
> I have a PC who called me about this same issue. I actually read your
> website Mark about this. If the client did not shut down his business
> down, must he shut it down and be assessed the taxes personally before the
> tax debt qualifies for discharge?
>
>
>
> Regards,
>
>
>
> Tuan Le
>
>
>
> [image: Tuan-Le-Email-Signature]
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
> be legally privileged. If you are not an intended recipient, as indicated
> above, please notify us immediately. In such event, you should not copy or
> use this e-mail for any purpose nor disclose its contents to anyone.
> Enclosed information and attachments remain the property of the LAW OFFICE
> OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information
> in this message that do not relate to the official business of the LAW
> OFFICE OF STEVE LOPEZ should be understood as my personal responsibility,
> and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, March 03, 2017 11:48 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] State Sales Tax
>
>
>
>
>
> SBOE taxes are clearly dischargeable if the requirements are met for
> discharge (same as income taxes).
>
> The trick is that the taxes must have been fully assessed more than 240
> days prior to filing the bankruptcy and not still be assessable as of the
> date of filing.
>
> The SBOE has 3 years from notification by the corporation that it is
> terminating its business to make an assessment against the responsible
> officer. This is where most make the mistake. They think that assessment
> against the corporation is the same as assessment against the individual.
>
> My article at https://www.bklaw.com/bankruptcy-blog/2015/03/sales-
> taxes-california-bankruptcy-cases-dischargeable/
>
> explains in more detail.
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
>
>
>
>
>
> On 3/3/2017 10:38 PM, easky1@yahoo.com [cdcbaa] wrote:
>
> Hello:
>
>
>
> I have long believed sate sales taxes, collected by the debtor and not
> turned over to the state, were nondischargeable. Has anyone have any cites
> saying they are dischargeable?
>
> Dennis
>
>
>
>
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
>
>
>
What if the business files a chapter 7, there is a notice of claims bar date, and the IRS does not file a proof of claim. Would that estop the IRS from making an assessment against the individual?
The post was migrated from Yahoo.
Yes, because otherwise the taxes would "still be assessable" on the
petition date.
On 3/6/2017 12:34 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> I have a PC who called me about this same issue. I actually read
> your website Mark about this. If the client did not shut down his
> business down, must he shut it down and be assessed the taxes
> personally before the tax debt qualifies for discharge?
>
> Regards,
>
> Tuan Le
>
> Tuan-Le-Email-Signature
>
> DISCLAIMER: This e-mail may contain confidential information and
> may also be legally privileged. If you are not an intended
> recipient, as indicated above, please notify us immediately. In
> such event, you should not copy or use this e-mail for any purpose
> nor disclose its contents to anyone. Enclosed information and
> attachments remain the property of the LAW OFFICE OF STEVE LOPEZ.
> Opinions, conclusions, attachments, and neither information in
> this message that do not relate to the official business of the
> LAW OFFICE OF STEVE LOPEZ should be understood as my personal
> responsibility, and as neither given nor endorsed by the LAW
> OFFICE OF STEVE LOPEZ.
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, March 03, 2017 11:48 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] State Sales Tax
>
> SBOE taxes are clearly dischargeable if the requirements are met
> for discharge (same as income taxes).
>
> The trick is that the taxes must have been fully assessed more
> than 240 days prior to filing the bankruptcy and not still be
> assessable as of the date of filing.
>
> The SBOE has 3 years from notification by the corporation that it
> is terminating its business to make an assessment against the
> responsible officer. This is where most make the mistake. They
> think that assessment against the corporation is the same as
> assessment against the individual.
>
> My article at
> https://www.bklaw.com/bankruptcy-blog/2 ... hargeable/
>
> explains in more detail.
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *_Mailing Address Only:_*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
> On 3/3/2017 10:38 PM, easky1@yahoo.com
> [cdcbaa] wrote:
>
> Hello:
>
> I have long believed sate sales taxes, collected by the debtor
> and not turned over to the state, were nondischargeable. Has
> anyone have any cites saying they are dischargeable?
>
> Dennis
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
Reply-To: Gaurav Datta
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Would the civil fraud penalties be dischargeable too if the debtor was hit
with a fraud penalty when they personally assessed the corp sales taxes to
the debtor?
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
On Mon, Mar 6, 2017 at 1:58 PM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
>
> You have to wait three years from when the return was due, and two years
> from when it was actually filed. You did file a return that made the
> personal assessment against the principal, didn't you? Read up on Ilko for
> more information. If the Board of Equalization made a personal assessment
> against the debtor based on the corporation's returns, but there is no
> return filed showing that the individual is also liable, then it's not
> dischargeable for the same reason that an IRS assessment based on a
> substitute for return is never dischargeable.
>
>
> - John D. Faucher
> 818/889-8080
>
>
> On Monday, March 6, 2017 1:19 PM, "sam@southbaybk.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> I am filing one of these cases in 2 weeks - which is over 240 days since
> the corporate sales tax was assessed against the Debtor personally.
> Question: since the taxes were assessed, do I still have to wait for the
> entire 3 year assessment period to run? Thoughts?
>
>
>
>
Would the civil fraud penalties be dischargeable too if the debtor was hit with a fraud penalty when they personally assessed the corp sales taxes to the debtor?Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158818/889-8080
The post was migrated from Yahoo.
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Would the civil fraud penalties be dischargeable too if the debtor was hit
with a fraud penalty when they personally assessed the corp sales taxes to
the debtor?
*Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401*
*Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158*
*www.dattalawgroup.com *
"My formula for success is rise early, work late, and strike oil."
- J. Paul Getty
On Mon, Mar 6, 2017 at 1:58 PM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
>
> You have to wait three years from when the return was due, and two years
> from when it was actually filed. You did file a return that made the
> personal assessment against the principal, didn't you? Read up on Ilko for
> more information. If the Board of Equalization made a personal assessment
> against the debtor based on the corporation's returns, but there is no
> return filed showing that the individual is also liable, then it's not
> dischargeable for the same reason that an IRS assessment based on a
> substitute for return is never dischargeable.
>
>
> - John D. Faucher
> 818/889-8080
>
>
> On Monday, March 6, 2017 1:19 PM, "sam@southbaybk.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> I am filing one of these cases in 2 weeks - which is over 240 days since
> the corporate sales tax was assessed against the Debtor personally.
> Question: since the taxes were assessed, do I still have to wait for the
> entire 3 year assessment period to run? Thoughts?
>
>
>
>
Would the civil fraud penalties be dischargeable too if the debtor was hit with a fraud penalty when they personally assessed the corp sales taxes to the debtor?Gaurav Datta, Esq.,LL.M444 W. Ocean Blvd, Suite 1401Long Beach, CA 90802Phone: 562-435-9062Fax: 562-281-6158818/889-8080
The post was migrated from Yahoo.
You have to wait three years from when the return was due, and two years from when it was actually filed. You did file a return that made the personal assessment against the principal, didn't you? Read up on Ilko for more information. If the Board of Equalization made a personal assessment against the debtor based on the corporation's returns, but there is no return filed showing that the individual is also liable, then it's not dischargeable for the same reason that an IRS assessment based on a substitute for return is never dischargeable.
- John D. Faucher818/889-8080
On Monday, March 6, 2017 1:19 PM, "sam@southbaybk.com [cdcbaa]" wrote:
I am filing one of these cases in 2 weeks - which is over 240 days since the corporatesales tax was assessed against the Debtor personally. Question: since the taxes were assessed, do I still have to wait for the entire 3 year assessment period to run? Thoughts? #yiv4013593581
The post was migrated from Yahoo.
I have a PC who called me about this same issue. I actually read your website Mark about this. If the client did not shut down his business down, must he shut it down and be assessed the taxes personally before the tax debt qualifies for discharge?
Regards,
Tuan Le
[Tuan-Le-Email-Signature]
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
The post was migrated from Yahoo.
SBOE taxes are clearly dischargeable if the requirements are met for
discharge (same as income taxes).
The trick is that the taxes must have been fully assessed more than
240 days prior to filing the bankruptcy and not still be assessable
as of the date of filing.
The SBOE has 3 years from notification by the corporation that it is
terminating its business to make an assessment against the
responsible officer. This is where most make the mistake. They
think that assessment against the corporation is the same as
assessment against the individual.
My article at
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