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Dischargeability of IRS debt

Posted: Fri Mar 09, 2012 10:15 am
by Yahoo Bot

charset="US-ASCII"
I've had an adversary against the state taxing authorities. I filed an
adversary to determine dischargeability of a tax debt and the FTB was
represented by the AG. The attorney there knew what he was doing.

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Dischargeability of IRS debt

Posted: Fri Mar 09, 2012 2:32 am
by Yahoo Bot

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> Do I hear a CDCBAA presentation coming on this topic?
>
They had one last year. To me it had one gap and that is the state insolvency people.
It turns out that the state insolvency experts for EDD and FTB and BOE all hang out in Sacramento. They are not about to come here on a regular basis or even an official basis. I have been wanting to put together a panel with these people for quite some time. I have talked with them, but they won't leave Sacramento.
In a way, that cuts in practitioners favor here as they never try the insolvency cases, they send emails to one representative attorney or two in Southern California who handle a wide variety of matters but are not as expert as the people in Sacramento.
Which brings me to another topic along these lines. Why couldn't CDCBAA do the skype/conference projection with a panel from Sacramento? Southwestern has the equipment. If the FTB/BOE/EDD insolvency experts could be encouraged to give two hours on a Saturday from Sacramento, then something like this might happen.
me really interesting, high level folks who might participate for 2 hours if they didn't have to leave their cave.
Especially people who were involved in recent cases and the like.
If it were simply a skype setup, no special conferencing would be needed. It is lecture style with one local speaking human and thus no special permission regarding CLE webinar-type lectures would be needed.
How about a House Judiciary Committee Staffer interview? When I was on CA Bar Tax Excomm, we had Ways and Means folks on tap to talk to us occasionally, and even show up to talk at our annual meeting. With Skype we could do news-style interview with anyone world wide.
We could dedicate 15 minutes of the Saturday CLE session to an update from NACBA Sr. Staff; ABI, ABA, the works.
Curt Harrington
http://www.patentax.com

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Dischargeability of IRS debt

Posted: Thu Mar 08, 2012 10:28 pm
by Yahoo Bot

Or maybe even an Inn of Court presentation?
Or maybe even an Inn of Court presentation?

The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Thu Mar 08, 2012 10:28 pm
by Yahoo Bot

Do I hear a CDCBAA presentation coming on this topic?
Do I hear a CDCBAA presentation coming on this topic?

The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 9:36 pm
by Yahoo Bot

Waiving the discharge now and refiling can't work. Cf. Sections
727(a)(10) and 523(a)(10). Since engineering a dismissal at this point
will be based in equity, how you approach this and what you say will be
judge specific. Suggest you discuss this offline.
Wesley H. Avery
Wesley H. Avery, Esq.
Roquemore, Pringle & Moore, Inc.
6055 E. Washington Blvd., Ste. 500
Los Angeles, CA 90040-2466
wavery@rpmlaw.com
http://www.rpmlaw.com
(323) 724-3117 (office)
(323) 724-5410 (fax)
Law Offices of Wesley H. Avery, APC
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Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 8:10 pm
by Yahoo Bot

BeDs up if a tax lien has been filed!
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
To: "cdcbaa@yahoogroups.com"
Sent: 03/07/2012 7:43 PM
Subject: [cdcbaa] Re: Dischargeability of IRS debt
Great questions (and Great Blog Post). I have my first client with four years of back taxes from 2006-2009. He's on a payment plan.
Two questions - a cursory look appears that 2006 and 2007 will be dischargeable based on my research, but I need more information (from client). But not the other two years.
Question #1: How does that work? Put dischargeable debt on Sched F and the remainder on E?
I saw a terrific prior thread wherein several attorneys said it doesn't matter which schedule since they'll be discharged.
But what about the other portion? What do you do after you've listed them? My plan is simply to discuss with IRS and renegotiate payments for Debtors.
Okay - question #3 since the above was two questions:
Is anyone aware of:
https://www.taxdischargedeterminator.com/
I found it on Morgan King's site and have the free trial. Will not totally rely on it, but it looks great and I am curious if anyone has utilized this service.
Thanks!
Sandy
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339

The post was migrated from Yahoo.

Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 7:42 pm
by Yahoo Bot

Great questions (and Great Blog Post). I have my first client with four years of back taxes from 2006-2009. He's on a payment plan.
Two questions - a cursory look appears that 2006 and 2007 will be dischargeable based on my research, but I need more information (from client). But not the other two years.
Question #1: How does that work? Put dischargeable debt on Sched F and the remainder on E?
I saw a terrific prior thread wherein several attorneys said it doesn't matter which schedule since they'll be discharged.
But what about the other portion? What do you do after you've listed them? My plan is simply to discuss with IRS and renegotiate payments for Debtors.
Okay - question #3 since the above was two questions:
Is anyone aware of:
https://www.taxdischargedeterminator.com/
I found it on Morgan King's site and have the free trial. Will not totally rely on it, but it looks great and I am curious if anyone has utilized this service.
Thanks!
Sandy
Sandra Maria Nutt, Attorney at Law
5910 Van Nuys Boulevard
Van Nuys, California 91401
Tel: (818) 988-8878
Fax: (818) 988-8339
SandraNutt1234@gmail.com
Web site: SandraNuttAttorneyAtLaw.com
ALU Alumni http://www.AllThingsALU.com
>
> Wow, thats a good point that everyone should note, because for a recently dischargeable tax year it is possible the feds would be discharged if the case were filed between April/October of the first dischargeable year, but the state would not be. Thats a nuance that could bite if not realized in some situations.
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> Steven B. Lever
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Mark T. Jessee
> Sent: Wednesday, March 07, 2012 4:32 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Dischargeability of IRS debt
>
>
>
> 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:
>
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>
> 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@...
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> On Mar 7, 2012, at 4:02 PM, Nicholas Gebelt wrote:
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> Dear Sofya,
>
>
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> 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/
>
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> All the best,
>
>
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> Nick
>
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> Nicholas Gebelt, Ph.D., J.D.
>
> Certified Bankruptcy Specialist
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> Law Offices of Nicholas Gebelt
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> 15150 Hornell Street
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> Email: ngebelt@... ; ngebelt@...
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> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
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>
>
> We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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ilto:cdcbaa@yahoogroups.com] On Behalf Of 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
>
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Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 5:20 pm
by Yahoo Bot


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Dischargeability of IRS debt

Posted: Wed Mar 07, 2012 4:50 pm
by Yahoo Bot

I had the discharges "vacated"
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Wed, March 7, 2012 4:35:45 PM
Subject: RE: [cdcbaa] Dischargeability of IRS debt
The debtor does not have standing to revoke a discharge. Not a named party in
the code.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of sofiya
davtyan
Sent: Wednesday, March 07, 2012 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Dischargeability of IRS debt
Ok. Here is my question then: would it be a workable solution to take over this
case to file a motion to revoke the discharge and wait for the necessary amount
of time to pass before refiling. Has anyone done this in the past and was it
successful? Thank you!
Sofya
From:Jason Wallach
To: cdcbaa@yahoogroups.com
Sent: Wednesday, March 7, 2012 4:21 PM
Subject: Re: [cdcbaa] Dischargeability of IRS debt
Nick: On your blog, you indicate that the language, "return is last due,
including extensions" means that every individual's annual return is due onOctober 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 noextension 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 4:48 pm
by Yahoo Bot

Although, I have been 2 for 2 in "revoking" clients' discharges so that they
could reaffirm their car loans, and then the discharge reissued
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Wed, March 7, 2012 4:35:45 PM
Subject: RE: [cdcbaa] Dischargeability of IRS debt
The debtor does not have standing to revoke a discharge. Not a named party in
the code.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of sofiya
davtyan
Sent: Wednesday, March 07, 2012 4:34 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Dischargeability of IRS debt
Ok. Here is my question then: would it be a workable solution to take over this
case to file a motion to revoke the discharge and wait for the necessary amount
of time to pass before refiling. Has anyone done this in the past and was it
successful? Thank you!
Sofya
From:Jason Wallach
To: cdcbaa@yahoogroups.com
Sent: Wednesday, March 7, 2012 4:21 PM
Subject: Re: [cdcbaa] Dischargeability of IRS debt
Nick: On your blog, you indicate that the language, "return is last due,
including extensions" means that every individual's annual return is due onOctober 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 noextension 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.