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Co-Debtor Stay and IRS
I disagree, see In re Kimmel 378 BR 630.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Monday, November 5, 2012 11:35 AM
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
Law Office of Catherine Christiansen
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Monday, November 5, 2012 9:47 AM
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
I have a similar question.H and W filed their 2007 taxes jointly and still owe the IRS for that tax year.A tax lien is imminent and W has a pension to protect. They only want to file for W.for H as well because H will be liable for the portion of taxes attributable to his income in that tax year.
Thanks in advance!
Sujin Kim
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, September 28, 2012 8:07 AM
Subject: RE: [cdcbaa] Co-Debtor Stay and IRS
1301 does not apply to tax debt. Tax debt is nonconsumer.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Thursday, September 27, 2012 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
IRS can't collect against CP during W's active case, can they?
Jay
On Sep 27, 2012 4:33 PM, "Gerald McNally" wrote:
H&W come to me with big tax debt. Tell me both filed all relevant returns. Not enough time to verify data, although 4506-T forms in process with RAVVS. So I filed a 13 for W. Then I find out today that H filed his 2001-4 returns separately, and IRS wants to continue collection actions against H.
Do I:
1. File amended returns to include W? (and does this make them priority?)
2. File for H and then move for joint administration?
3. File a motion to include H in Ws bk without filing a separate petition?
4. Insist that the IRS honor the co-debtor stay?
What sayeth you all?
Gerald McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.
They should file soon if they are going to do it to beat the tax lien
perfection!!!
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Certified Legal Specialist in Business and Consumer Bankruptcy
by the American Board of Certification
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AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
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please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
They should file soon if they are going to do it to beat the tax lien perfection!!! -- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362
Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.comCertified Legal Specialist in Business and Consumer Bankruptcy
by the American Board of CertificationWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.
Law Office of Catherine Christiansen
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Monday, November 5, 2012 9:47 AM
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
I have a similar question.H and W filed their 2007 taxes jointly and still owe the IRS for that tax year.A tax lien is imminent and W has a pension to protect. They only want to file for W.for H as well because H will be liable for the portion of taxes attributable to his income in that tax year.
Thanks in advance!
Sujin Kim
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, September 28, 2012 8:07 AM
Subject: RE: [cdcbaa] Co-Debtor Stay and IRS
1301 does not apply to tax debt. Tax debt is nonconsumer.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Thursday, September 27, 2012 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
IRS can't collect against CP during W's active case, can they?
Jay
On Sep 27, 2012 4:33 PM, "Gerald McNally" wrote:
H&W come to me with big tax debt. Tell me both filed all relevant returns. Not enough time to verify data, although 4506-T forms in process with RAVVS. So I filed a 13 for W. Then I find out today that H filed his 2001-4 returns separately, and IRS wants to continue collection actions against H.
Do I:
1. File amended returns to include W? (and does this make them priority?)
2. File for H and then move for joint administration?
3. File a motion to include H in Ws bk without filing a separate petition?
4. Insist that the IRS honor the co-debtor stay?
What sayeth you all?
Gerald McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.
I have a similar question. H and W filed their 2007 taxes jointly and still owe the IRS for that tax year. A tax lien is imminent and W has a pension to protect. They only want to file for W. Please correct me if I'm wrong but I believe they have to file for H as well because H will be liable for the portion of taxes attributable to his income in that tax year.
Thanks in advance!
Sujin Kim
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, September 28, 2012 8:07 AM
Subject: RE: [cdcbaa] Co-Debtor Stay and IRS
1301 does not apply to tax debt. Tax debt is nonconsumer.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Thursday, September 27, 2012 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
IRS can't collect against CP during W's active case, can they?
Jay
On Sep 27, 2012 4:33 PM, "Gerald McNally" wrote:
H&W come to me with big tax debt. Tell me both filed all relevant returns. Not enough time to verify data, although 4506-T forms in process with RAVVS. So I filed a 13 for W. Then I find out today that H filed his 2001-4 returns separately, and IRS wants to continue collection actions against H.
Do I:
1. File amended returns to include W? (and does this make them priority?)
2. File for H and then move for joint administration?
3. File a motion to include H in Ws bk without filing a separate petition?
4. Insist that the IRS honor the co-debtor stay?
What sayeth you all?
Gerald McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
I have a similar question. H and W filed their 2007 taxes jointly and still owe the IRS for that tax year. A tax lien is imminent and W has a pension to protect. They only want to file for W. Please correct me if I'm wrong but I believe they have to file for H as well because H will be liable for the portion of taxes attributable to his income in that tax year. Thanks in advance!Sujin Kim From: James T. King <king@kingobk.com> To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com> Sent: Friday, September 28, 2012 8:07 AM Subject: RE: [cdcbaa] Co-Debtor Stay and IRS
1301 does not apply to tax debt. Tax debt is nonconsumer.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
On Behalf Of Jay Fleischman
Sent: Thursday, September 27, 2012 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
The post was migrated from Yahoo.
But then at the conclusion of the case, H still owes the IRS for 2001
to 2004 (and makes too much for a Ch7). Second issue: does the
10-year collection statute continue to run against the IRS on H's tax
returns? If that's the case, then in 2017 when W gets her discharge,
it's all either discharged or the CSED has run.
Gerry
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended
recipient of the transmission and may be a communication privileged by
law. If you received this email in error, and review, use,
dissemination, distribution or copying of this email is strictly
prohibited. Please notify us immediately of the error by return email
and please delete this message and any and all duplicates of this
message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended 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 herein.
The post was migrated from Yahoo.
You can't amend the tax returns. Amendment is permitted for returns only
up to three years ago.
IRS can't collect against CP during W's active case, can they?
Jay
On Sep 27, 2012 4:33 PM, "Gerald McNally" wrote:
> **
>
>
> H&W come to me with big tax debt. Tell me both filed all relevant
> returns. Not enough time to verify data, although 4506-T forms in process
> with RAVVS. So I filed a 13 for W. Then I find out today that H filed his
> 2001-4 returns separately, and IRS wants to continue collection actions
> against H.****
>
> ** **
>
> Do I:****
>
> ** **
>
> **1. **File amended returns to include W? (and does this make them
> priority?)****
>
> **2. **File for H and then move for joint administration?****
>
> **3. **File a motion to include H in Ws bk without filing a separate
> petition?****
>
> **4. **Insist that the IRS honor the co-debtor stay?****
>
> ** **
>
> What sayeth you all?****
>
> ** **
>
> Gerald McNally****
>
> ** **
>
> [image: McNally Bus Card Smaller]****
>
> ** **
>
> Gerald McNally****
>
> McNally & Associates, P.C.****
>
> 517 East Wilson Ave., Ste 104****
>
> Glendale, CA 91206****
>
> 818.507.5100****
>
> Fax: 818.507.5001****
>
> ** **
>
> Notice to Recipient: This email is meant for only the intended recipient
> of the transmission and may be a communication privileged by law. If you
> received this email in error, and review, use, dissemination, distribution
> or copying of this email is strictly prohibited. Please notify us
> immediately of the error by return email and please delete this message and
> any and all duplicates of this message from your system. Thank you in
> advance for your cooperation.****
>
> ** **
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended 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 herein.*
>
> ** **
>
>
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
The post was migrated from Yahoo.
H&W come to me with big tax debt. Tell me both filed all relevant
returns. Not enough time to verify data, although 4506-T forms in
process with RAVVS. So I filed a 13 for W. Then I find out today
that H filed his 2001-4 returns separately, and IRS wants to continue
collection actions against H.
Do I:
1. File amended returns to include W? (and does this make them
priority?)
2. File for H and then move for joint administration?
3. File a motion to include H in W's bk without filing a separate
petition?
4. Insist that the IRS honor the co-debtor stay?
What sayeth you all?
Gerald McNally
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended
recipient of the transmission and may be a communication privileged by
law. If you received this email in error, and review, use,
dissemination, distribution or copying of this email is strictly
prohibited. Please notify us immediately of the error by return email
and please delete this message and any and all duplicates of this
message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended 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 herein.
The post was migrated from Yahoo.