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Chapter 13 Tax Question
Hello Tyson:Unless you have a reason that some of the taxes are not priority or are not secured, you are stuck with what is in the proof of claim. Despite what radio ads say, IRS doesn't give up on most penalties easily: unless you're in a coma, you're expected to file a tax return, and unless you can't move your arms and hands, you're expected to pay taxes on time. It's very rare to get failure-to-file or failure-to-pay penalties abated, and IRS won't do it at all while the taxpayer is in bankruptcy unless you bring an objection to claim.Interest is even worse. It literally takes an act of Congress (IRC 6404(e)) to abate interest. When I was a docket attorney for IRS, it was easier for me to agree to cut a taxpayer's principal amount of tax than to stop interest. If anyone says they can easily negotiate away interest, they are lying.- John D. Faucher
On Tuesday, June 13, 2017 3:52 PM, "tysonlawfirm@yahoo.com [cdcbaa]" wrote:
Approx $12,000 secured, $36,000 priorty and the rest general unse
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Are the taxes priority, unsecured, secured?- John D. Faucher
On Tuesday, June 13, 2017 9:52 AM, "tysonlawfirm@yahoo.com [cdcbaa]" wrote:
Hi Everyone,
IRS filed a proof of claim for $18,995 taxes due, $18,643.82 interest and $33,000 penalties due and owing before the filing of the chapter 13 case.
Does anyone know if there is any way to get the interest and/or penalties reduced/forgiven in chapter 13???
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Interest on those taxes.
Mark Jessee
Sent from my iPhone
> On Oct 3, 2016, at 9:59 AM, tysonlawfirm@yahoo.com [cdcbaa] wrote:
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> Hi Everyone,
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> Debtor filed Ch. 13 in 2010. in 2013, IRS filed Amended POC for $22,000 taxes owed for tax-year-ending 2011 and 2012. We momoded the plan and paid these taxes during the remaining term of the plan. Debtor just received a ch. 13 discharge and IRS mailed him a letter stating he still owes $578.
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> I am not sure why he would owe this amount because the amended POC was paid in full through the plan.
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> Thanks for any comments!
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