Question of Dischargeability of Taxes and being in bankruptcy.
Posted: Tue Apr 03, 2012 9:45 am
Waiting additional time gives the IRS additional time to file a lien. Be careful.
Sent from my iPhone
On Apr 1, 2012, at 7:53 PM, "Mark J. Markus" wrote:
> Also, to supplement my last response, I think the potential 30-day addition to the 3-year tolling period is a nod to section 108(c), but I haven't read anything specific on that. However, it's good practice to wait the additional time. Young alludes to that I believe.
>
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> Mark J. Markus
> Law Office of Mark J. Markus
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> On 4/1/2012 7:13 PM, Mark J. Markus wrote:
>>
>> See In re Young, 535 U.S. 43; 122 S. Ct. 1036 (2002)
>>
>>
>> The 3 year period is tolled by the amount of time in the bankruptcy.
>>
>>
>> *************************
>> 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 http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication.
>>
>> On 4/1/2012 6:48 PM, R Grace Rodriguez wrote:
>>>
>>> PC filed bankruptcy which was dismissed. Was in bankruptcy for 7 months in 2010. The case got dismissed. They want to refile now that they got loan modification. Their biggest IRS and State income tax debt was for 2007. Based on our prior discussions this become dischargeable October of 2011 (Tax return was due + extensions on 10/15/08) assume all other requirements were met for discharge..... then does the date of ability to discharge get extended or tolled for the 7 months that they were in bankruptcy? Thus they need to wait until May to file? Or can they file now that they are beyond October 2011?
>>>
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>>> OFF: (818) 734-7223
>>> CEL: (818) 554-9922
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Waiting additional time gives the IRS additional time to file a lien. Be careful. Sent from my iPhoneOn Apr 1, 2012, at 7:53 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
Also, to supplement my last response,
I think the potential 30-day addition to the 3-year tolling period
is a nod to section 108(c), but I haven't read anything specific
on that. However, it's good practice to wait the additional
time. Young alludes to that I believe.
*************************
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.