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Tax Dischargeability for late filed return
Hello Hale:
What kind of repayment plan, and which three-year rule?
You can have an installment agreement or an offer in compromise - those
are direct agreements with the IRS allowing repayment over time. Or you
can have a repayment plan through a chapter 13. Both of these presume
that the tax is already assessed, so the three-year assessment statute
of limitations is irrelevant.
Installment agreements don't toll anything. Offers in compromise do not
toll the three-year lookback rule in 11 USC 507(a)(8)(A)(i).
- John D. Faucher
818/889-8080
On 10/15/12 10:45 AM, Hale Andrew Antico wrote:
>
> John, does the possibility of a being in a repayment plan toll the
> 3-year rule?
> Hale
>
> ------------------------------------------------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *John D. Faucher
> *Sent:* Sunday, October 14, 2012 2:59 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Hello Shannon:
> Yes, this is correct.
> Imagine a taxpayer who files her 2008 return on 10/10/2009, showing
> $12,000 owing.
> That $12,000 will be dischargeable under the three-year rule on
> 4/16/2012 if the filing was late, or on 10/16/2012 if she had an
> extension.
> Under the two-year rule, the tax is dischargeable on 10/11/2011, but
> that's irrelevant because the three-year rule trumps it.
> 507a8iii says this: If, however, at the time of the bankruptcy
> petition filing, the IRS had not yet lost the right to assess
> additional taxes for the 2008 tax year through its deficiency
> procedures (audit, statutory notice, Tax Court case), any additional
> tax it later finds for that tax year is not dischargeable. Without an
> agreement to extend the time for assessment or extenuating
> circumstances (gross understatement of income, fraud), the IRS's
> 3-year assessment window shuts on 4/15/2012 or, in the case of an
> extension, 10/15/2012.
> Let's say the IRS comes back to the taxpayer with an audit finding a
> deficiency of $4,000. So long as the IRS's right to assess that
> amount is still alive, the $4,000 is not dischargeable. Once it's
> assessed, then the $4,000 is subject to the 240-day rule.
> The $12,000 originally reported and assessed on the tax return is not
> affected in its dischargeability by any subsequent audit.
> - John D. Faucher
> 818/889-8080
>
> On 10/12/12 6:01 PM, Shannon Doyle wrote:
>>
>> It references 11 U.S.C. 507(a)(8)(A)(iii) .
>>
>> Shannon A. Doyle
>>
>> Attorney at Law
>>
>> small logo
>>
>> 100 N. Barranca Avenue, Suite 250
>>
>> West Covina, CA 91791-1600
>>
>> Tel: (626) 646-2555
>>
>> Fax: (626) 332-8644
>>
>> www.blclaw.com
>>
>> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
>> Behalf Of *John D. Faucher
>> *Sent:* Friday, October 12, 2012 3:03 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* Re: [cdcbaa] RE: Tax Dischargeability for late filed return
>>
>> I'm agreeing with you as well.
>> If NACBA is preaching that there is another 3-year rule, i.e., that
>> you can't discharge a tax year that is still assessable, well, that's
>> one I've never heard of.
>>
>> - John D. Faucher
>> 818/889-8080
>>
>>
>> On 10/12/12 2:22 PM, Steven B. Lever wrote:
>>
>> So it seems like you and Mark Jessee agree with me and not the
>> EA, which is a wonderful confirmation. The EA was making me
>> slightly nervous, and I have always measured the 3 year rule from
>> the expiration of the date of last extension, if any, and not the
>> actual file date, if later. I've filed past cases on that basis
>> as well.
>>
>> Thank you for this -- I guess that's why we're bankruptcy
>> attorneys and he's an EA -- we should know better.
>>
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com] *On Behalf Of *Link W. Schrader
>> *Sent:* Friday, October 12, 2012 12:57 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed
>> return
>>
>> Steve:
>>
>> 3-Year Rule -- Due date for 2008 tax return is 4/15/09 unless he
>> got an extension -- then due date is the extension date (six
>> month extension = 10/15/09) so the 3 year period would have run
>> by 10/16/12.
>>
>> 2-Year Rule -- He filed the return on 11/16/09, so the 2 year
>> period ran through 11/16/11.
>>
>> Given no assessment in last 240 days, no fraud, or willful
>> evasion, I believe the tax would not be priority tax if filed on
>> or after 10/16/12.
>>
>> I'm not sure how you arrived at 10/22/12?
>>
>> *Link Schrader, Attorney*
>>
>> Law Office of Link W. Schrader
>>
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com]
>> *On Behalf Of *Steven B.
>> Lever
>> *Sent:* Friday, October 12, 2012 12:10 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed
>> return
>>
>> Hi Link:
>>
>> I know these rules. So my question remains; where do you think
>> the hypo I gave falls.
>>
>> 2008 tax year filed November 16, 2009.
>>
>> I file Chapter 7 on October 22, 2012 for client.
>>
>> 2 years obviously met. Assume no further assessments or willful
>> tax evasion or fraud.
>>
>> Is 2008 discharged, or should I have waited to file after
>> November 16^th ?
>>
>> Steve
>>
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com] *On Behalf Of *Link W. Schrader
>> *Sent:* Friday, October 12, 2012 12:09 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] RE: Tax Dischargeability for late filed return
>>
>> Morgan King gives 5 rules for discharging income tax in chapter 7
>> which include:
>>
>> 1)The Three-Year Rule: For the tax year in question -- the most
>> recent due date for filing the return is more than three years
>> old. The three-year period is computed from most recent date the
>> tax return is due for the tax year (typically April 15 of the
>> year following the taxable year). An extension to file the
>> return delays the start time. 11 U.S.C. Section 507(a)(8)(A)(i).
>> Do not confuse with the 2-year rule.
>>
>> 2)The Two-Year Rule: A tax return or equivalent report or notice,
>> if required, has been filed or given by the taxpayer for the tax
>> year(s) in question at least more than two years preceding the
>> filing date of the bankruptcy. 11 U.S.C. 523(a)(1)(B).
>>
>> 3)The 240-Day Rule: The tax claim was assessed at least more than
>> 240 days preceding the filing date of the bankruptcy. 11 U.S.C.
>> Section 507(a)(8)(A)(ii).
>>
>> 4)Non-Fraudulent Return: The tax return in question was
>> non-fraudulent. 11 U.S.C. Section 523(a)(1)(C).
>>
>> 5)No Willful Tax Evasion: The taxpayer has not engaged in
>> activity deemed a willful attempt to defeat or evade the tax. 11
>> U.S.C. Section 523(a)(1)(C).
>>
>> There is a much more detailed analysis available from Mr. King at
>> www.morganking.com .
>>
>> *Link Schrader, Attorney*
>>
>> Law Office of Link W. Schrader
>>
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com]
>> *On Behalf Of *Steven B.
>> Lever
>> *Sent:* Friday, October 12, 2012 11:47 AM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] Tax Dischargeability for late filed return
>>
>> I'm having an "argument" with an enrolled agent about the
>> dischargeability of a client's 2008 tax year, which as you all
>> may know is the most recent tax year dischargeable to date.
>>
>> Client filed the 2008 tax return on November 16, 2009, about a
>> month after it was due in October 2009.
>>
>> The question is whether it is a priority tax under 11 U.S.C.
>> 507. Priorities are nondischargeable and non-priorities are.
>>
>> 11 U.S.C. 507(a)(8)(A)(i) makes the "3 year rule" as such:
>> "for which a return, if required, is last /_due_/, including
>> extensions, after three years before the date of the filing of
>> the petition." Emphasis on "due" added.
>>
>> Hence, I believe that filing her on October 22^nd or later is
>> sufficient, and the EA believes I have to wait until after 11/16/12.
>>
>> Who is correct? Btw, there are no assessments.
>>
>> Law Offices of Steven B. Lever
>>
>> >
>>
>> > Steven B. Lever
>>
>> >( Tel. (562) 436-5456 ext. 1
>>
>> >( Fax (562) 485-6886
>>
>> >* sblever@leverlaw.com
>>
>
>
The post was migrated from Yahoo.
Hello Shannon:
Yes, this is correct.
Imagine a taxpayer who files her 2008 return on 10/10/2009, showing
$12,000 owing.
That $12,000 will be dischargeable under the three-year rule on
4/16/2012 if the filing was late, or on 10/16/2012 if she had an extension.
Under the two-year rule, the tax is dischargeable on 10/11/2011, but
that's irrelevant because the three-year rule trumps it.
507a8iii says this: If, however, at the time of the bankruptcy petition
filing, the IRS had not yet lost the right to assess additional taxes
for the 2008 tax year through its deficiency procedures (audit,
statutory notice, Tax Court case), any additional tax it later finds for
that tax year is not dischargeable. Without an agreement to extend the
time for assessment or extenuating circumstances (gross understatement
of income, fraud), the IRS's 3-year assessment window shuts on 4/15/2012
or, in the case of an extension, 10/15/2012.
Let's say the IRS comes back to the taxpayer with an audit finding a
deficiency of $4,000. So long as the IRS's right to assess that amount
is still alive, the $4,000 is not dischargeable. Once it's assessed,
then the $4,000 is subject to the 240-day rule.
The $12,000 originally reported and assessed on the tax return is not
affected in its dischargeability by any subsequent audit.
- John D. Faucher
818/889-8080
On 10/12/12 6:01 PM, Shannon Doyle wrote:
>
> It references 11 U.S.C. 507(a)(8)(A)(iii) .
>
> Shannon A. Doyle
>
> Attorney at Law
>
> small logo
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *John D. Faucher
> *Sent:* Friday, October 12, 2012 3:03 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> I'm agreeing with you as well.
> If NACBA is preaching that there is another 3-year rule, i.e., that
> you can't discharge a tax year that is still assessable, well, that's
> one I've never heard of.
>
> - John D. Faucher
> 818/889-8080
>
>
> On 10/12/12 2:22 PM, Steven B. Lever wrote:
>
> So it seems like you and Mark Jessee agree with me and not the EA,
> which is a wonderful confirmation. The EA was making me slightly
> nervous, and I have always measured the 3 year rule from the
> expiration of the date of last extension, if any, and not the
> actual file date, if later. I've filed past cases on that basis
> as well.
>
> Thank you for this -- I guess that's why we're bankruptcy
> attorneys and he's an EA -- we should know better.
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com] *On Behalf Of *Link W. Schrader
> *Sent:* Friday, October 12, 2012 12:57 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Steve:
>
> 3-Year Rule -- Due date for 2008 tax return is 4/15/09 unless he
> got an extension -- then due date is the extension date (six month
> extension = 10/15/09) so the 3 year period would have run by 10/16/12.
>
> 2-Year Rule -- He filed the return on 11/16/09, so the 2 year
> period ran through 11/16/11.
>
> Given no assessment in last 240 days, no fraud, or willful
> evasion, I believe the tax would not be priority tax if filed on
> or after 10/16/12.
>
> I'm not sure how you arrived at 10/22/12?
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Steven B.
> Lever
> *Sent:* Friday, October 12, 2012 12:10 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Hi Link:
>
> I know these rules. So my question remains; where do you think
> the hypo I gave falls.
>
> 2008 tax year filed November 16, 2009.
>
> I file Chapter 7 on October 22, 2012 for client.
>
> 2 years obviously met. Assume no further assessments or willful
> tax evasion or fraud.
>
> Is 2008 discharged, or should I have waited to file after November
> 16^th ?
>
> Steve
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com] *On Behalf Of *Link W. Schrader
> *Sent:* Friday, October 12, 2012 12:09 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Morgan King gives 5 rules for discharging income tax in chapter 7
> which include:
>
> 1)The Three-Year Rule: For the tax year in question -- the most
> recent due date for filing the return is more than three years
> old. The three-year period is computed from most recent date the
> tax return is due for the tax year (typically April 15 of the year
> following the taxable year). An extension to file the return
> delays the start time. 11 U.S.C. Section 507(a)(8)(A)(i). Do not
> confuse with the 2-year rule.
>
> 2)The Two-Year Rule: A tax return or equivalent report or notice,
> if required, has been filed or given by the taxpayer for the tax
> year(s) in question at least more than two years preceding the
> filing date of the bankruptcy. 11 U.S.C. 523(a)(1)(B).
>
> 3)The 240-Day Rule: The tax claim was assessed at least more than
> 240 days preceding the filing date of the bankruptcy. 11 U.S.C.
> Section 507(a)(8)(A)(ii).
>
> 4)Non-Fraudulent Return: The tax return in question was
> non-fraudulent. 11 U.S.C. Section 523(a)(1)(C).
>
> 5)No Willful Tax Evasion: The taxpayer has not engaged in activity
> deemed a willful attempt to defeat or evade the tax. 11 U.S.C.
> Section 523(a)(1)(C).
>
> There is a much more detailed analysis available from Mr. King at
> www.morganking.com .
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Steven B.
> Lever
> *Sent:* Friday, October 12, 2012 11:47 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Tax Dischargeability for late filed return
>
> I'm having an "argument" with an enrolled agent about the
> dischargeability of a client's 2008 tax year, which as you all may
> know is the most recent tax year dischargeable to date.
>
> Client filed the 2008 tax return on November 16, 2009, about a
> month after it was due in October 2009.
>
> The question is whether it is a priority tax under 11 U.S.C.
> 507. Priorities are nondischargeable and non-priorities are.
>
> 11 U.S.C. 507(a)(8)(A)(i) makes the "3 year rule" as such:
> "for which a return, if required, is last /_due_/, including
> extensions, after three years before the date of the filing of the
> petition." Emphasis on "due" added.
>
> Hence, I believe that filing her on October 22^nd or later is
> sufficient, and the EA believes I have to wait until after 11/16/12.
>
> Who is correct? Btw, there are no assessments.
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
>
The post was migrated from Yahoo.
You stated " Btw, there are no assessments." That may be the key. Can
you please explain what this mean?" Depending on your answer it may be
dischargeable but I have not throughly researched.
I think D gave a good answer but I was hoping he would elucidate on it.
So did MJM.
Also, why does the EA think you have to wait to 11/16/2012?
Good Luck starts with a strategy and a plan. The time is now to lower 2012
taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US
Tax Court, Income Tax, IRS representation, Fiduciary income tax returns,
Estate and Gift tax returns,
In a message dated 10/12/2012 6:01:52 P.M. Pacific Daylight Time,
sdoyle@blclaw.com writes:
Btw, there are no assessments.
You stated " Btw, there are no assessments." That may be the
key. Can you please explain what this mean?" Depending on your
answer it may be dischargeable but I have not throughly researched.
I think D gave a good answer but I was hoping he would elucidate on
it. So did MJM.
Also, why does the EA think you have to wait to 11/16/2012?
Good Luck starts with a strategy and a plan. The time is
now to lower 2012 taxes.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA
90701
562-924-8922
Tax Relief Lawyer. Former financial auditor and
controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary
income tax returns, Estate and Gift tax returns,
In a message dated 10/12/2012 6:01:52 P.M. Pacific Daylight Time,
sdoyle@blclaw.com writes:
Btw,
there are no assessments.
The post was migrated from Yahoo.
Now that I have looked at this with a fresh mind - I think I've got it. 11 U.S.C. 507(a)(8)(A)(iii) does not apply to late filers (so not relevant in Steve's case). It applies to taxpayers who have filed timely but have extended the assessment period either by agreement or a pending Tax Court case or a pending audit. So if the BK is filed during that period in which the tax is still assessable but not yet fully assessed, the tax will not be dischargeable.
Am I on track now, John?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
It references 11 U.S.C. 507(a)(8)(A)(iii) .
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
I'm agreeing with you as well.
If NACBA is preaching that there is another 3-year rule, i.e., that you
can't discharge a tax year that is still assessable, well, that's one
I've never heard of.
- John D. Faucher
818/889-8080
On 10/12/12 2:22 PM, Steven B. Lever wrote:
>
> So it seems like you and Mark Jessee agree with me and not the EA,
> which is a wonderful confirmation. The EA was making me slightly
> nervous, and I have always measured the 3 year rule from the
> expiration of the date of last extension, if any, and not the actual
> file date, if later. I've filed past cases on that basis as well.
>
> Thank you for this -- I guess that's why we're bankruptcy attorneys
> and he's an EA -- we should know better.
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *Link W. Schrader
> *Sent:* Friday, October 12, 2012 12:57 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Steve:
>
> 3-Year Rule -- Due date for 2008 tax return is 4/15/09 unless he got
> an extension -- then due date is the extension date (six month
> extension = 10/15/09) so the 3 year period would have run by 10/16/12.
>
> 2-Year Rule -- He filed the return on 11/16/09, so the 2 year period
> ran through 11/16/11.
>
> Given no assessment in last 240 days, no fraud, or willful evasion, I
> believe the tax would not be priority tax if filed on or after 10/16/12.
>
> I'm not sure how you arrived at 10/22/12?
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Steven B. Lever
> *Sent:* Friday, October 12, 2012 12:10 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Hi Link:
>
> I know these rules. So my question remains; where do you think the
> hypo I gave falls.
>
> 2008 tax year filed November 16, 2009.
>
> I file Chapter 7 on October 22, 2012 for client.
>
> 2 years obviously met. Assume no further assessments or willful tax
> evasion or fraud.
>
> Is 2008 discharged, or should I have waited to file after November 16^th ?
>
> Steve
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com] *On Behalf Of *Link W. Schrader
> *Sent:* Friday, October 12, 2012 12:09 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] RE: Tax Dischargeability for late filed return
>
> Morgan King gives 5 rules for discharging income tax in chapter 7
> which include:
>
> 1)The Three-Year Rule: For the tax year in question -- the most
> recent due date for filing the return is more than three years old.
> The three-year period is computed from most recent date the tax return
> is due for the tax year (typically April 15 of the year following the
> taxable year). An extension to file the return delays the start
> time. 11 U.S.C. Section 507(a)(8)(A)(i). Do not confuse with the
> 2-year rule.
>
> 2)The Two-Year Rule: A tax return or equivalent report or notice, if
> required, has been filed or given by the taxpayer for the tax year(s)
> in question at least more than two years preceding the filing date of
> the bankruptcy. 11 U.S.C. 523(a)(1)(B).
>
> 3)The 240-Day Rule: The tax claim was assessed at least more than 240
> days preceding the filing date of the bankruptcy. 11 U.S.C. Section
> 507(a)(8)(A)(ii).
>
> 4)Non-Fraudulent Return: The tax return in question was
> non-fraudulent. 11 U.S.C. Section 523(a)(1)(C).
>
> 5)No Willful Tax Evasion: The taxpayer has not engaged in activity
> deemed a willful attempt to defeat or evade the tax. 11 U.S.C.
> Section 523(a)(1)(C).
>
> There is a much more detailed analysis available from Mr. King at
> www.morganking.com .
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader
>
> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Steven B. Lever
> *Sent:* Friday, October 12, 2012 11:47 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Tax Dischargeability for late filed return
>
> I'm having an "argument" with an enrolled agent about the
> dischargeability of a client's 2008 tax year, which as you all may
> know is the most recent tax year dischargeable to date.
>
> Client filed the 2008 tax return on November 16, 2009, about a month
> after it was due in October 2009.
>
> The question is whether it is a priority tax under 11 U.S.C. 507.
> Priorities are nondischargeable and non-priorities are.
>
> 11 U.S.C. 507(a)(8)(A)(i) makes the "3 year rule" as such: "for
> which a return, if required, is last /_due_/, including extensions,
> after three years before the date of the filing of the petition."
> Emphasis on "due" added.
>
> Hence, I believe that filing her on October 22^nd or later is
> sufficient, and the EA believes I have to wait until after 11/16/12.
>
> Who is correct? Btw, there are no assessments.
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
>
The post was migrated from Yahoo.
So it seems like you and Mark Jessee agree with me and not the EA, which is a wonderful confirmation. The EA was making me slightly nervous, and I have always measured the 3 year rule from the expiration of the date of last extension, if any, and not the actual file date, if later. I've filed past cases on that basis as well.
Thank you for this - I guess that's why we're bankruptcy attorneys and he's an EA - we should know better.
The post was migrated from Yahoo.
Steve:
3-Year Rule - Due date for 2008 tax return is 4/15/09 unless he got an extension - then due date is the extension date (six month extension 10/15/09) so the 3 year period would have run by 10/16/12.
2-Year Rule - He filed the return on 11/16/09, so the 2 year period ran through 11/16/11.
Given no assessment in last 240 days, no fraud, or willful evasion, I believe the tax would not be priority tax if filed on or after 10/16/12.
I'm not sure how you arrived at 10/22/12?
Link Schrader, Attorney
Law Office of Link W. Schrader
The post was migrated from Yahoo.