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Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 4:33 pm
by Yahoo Bot

Ok. Here is my question then:would it be a workable solutionto for the necessary amount of time to pass before refiling. Has anyone done this in the past and was it successful? Thank you!
Sofya

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Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 4:31 pm
by Yahoo Bot

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Jason's analysis is correct, except for the nuance issue that
California has an automatic extension if not filed by April 15, (16, 17
if 15th on weekend) due date. Federal taxpayer must request extension.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
On Wed, 7 Mar 2012 16:21:00 -0800, Jason Wallach wrote:
Nick: On your blog, you indicate that the language,
"return is last due, including extensions" means that every
individual's annual return is due on October 15 each year. Don't the
words, "including extensions" mean "including extensions, if any" so
that if no extensions are requested, the due date was April 15. So, if
no extension was requested, you can discharge the debts (assuming the
other two requirements are met) by filing Chapter 7, three years later
on April 16. Right or wrong?
Jason Wallach
jwallach@gladstonemichel.com
On Mar 7, 2012, at 4:02 PM, Nicholas Gebelt wrote:
Dear Sofya,
I recently posted a blog analyzing in great detail the three
requirements that must be satisfied to discharge income taxes. Please
take a look at it at

The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 4:21 pm
by Yahoo Bot

charsetndows-1252
Nick: On your blog, you indicate that the language, "return is last due, including extensions" means that every individual's annual return is due on October 15 each year.
Don't the words, "including extensions" mean "including extensions, if any" so that if no extensions are requested, the due date was April 15. So, if no extension was requested, you can discharge the debts (assuming the other two requirements are met) by filing Chapter 7, three years later on April 16.
Right or wrong?
Jason Wallach
jwallach@gladstonemichel.com
On Mar 7, 2012, at 4:02 PM, Nicholas Gebelt wrote:
>
> Dear Sofya,
>
>
>
> I recently posted a blog analyzing in great detail the three requirements that must be satisfied to discharge income taxes. Please take a look at it at http://www.southerncaliforniabankruptcy ... -tax-year/
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Certified Bankruptcy Specialist
>
>
>
>
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
>
>
>
> Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>
>
>
> 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.
>
>
>
>
>
sofiya
> Sent: Wednesday, March 07, 2012 3:01 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Dischargeability of IRS debt
>
>
>
>
>
> Hello everyone:
>
> Debtor had IRS debt from 2007. The tax return was filed on 10/16/2008; assessed on 7/5/2010. Debtor's ch 7 bk was filed on 8/31/2011. The discharge's been granted but IRS keeps sending collection letters and informed the Debtor that the 2007 tax debt was not discharged (b/c the tax debt was NOT more than 3 years old). Can someone please clarify for me. Thank you.
>
> Sofya
>
>
>
>
charsetndows-1252
Nick: On your blog, you indicate that the language, "return is last due, including extensions" means that every individual's annual return is due on October 15 each year. Don't the words, "including extensions" mean "including extensions, if any" so that if no extensions are requested, the due date was April 15. So, if no extension was requested, you can discharge the debts (assuming the other two requirements are met) by filing Chapter 7, three years later on April 16.Right or wrong?
Jason Wallach
The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 4:02 pm
by Yahoo Bot

Dear Sofya,
I recently posted a blog analyzing in great detail the three requirements that must be satisfied to discharge income taxes. Please take a look at it at http://www.southerncaliforniabankruptcy ... -tax-year/
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
[cid:image001.jpg@01CCFC7A.A5B983F0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
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.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 3:03 pm
by Yahoo Bot

The IRS is correct (God I hate saying that). The 3 years runs from
the date the return was last DUE to be filed, which in your case is
October 15, 2008. The earliest that year would have been discharged
is in a case filed after October 15, 2011. The two year rule was
satisfied (2 years from October 16, 2008).
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 3:00 pm
by Yahoo Bot

Hello everyone:
Debtor had IRS debt from 2007. The tax return was filed on 10/16/2008; assessed on 7/5/2010. Debtor's ch 7 bk was filed on 8/31/2011. The discharge's been granted but IRS keeps sending collection letters and informed the Debtor that the 2007 tax debt was not discharged (b/c the tax debt was NOT more than 3 years old). Can someone please clarify for me. Thank you.
Sofya

The post was migrated from Yahoo.