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Discharge of income taxes
I believe it is just the 3 year rule that is tolled.
See Young v. U.S.A., 535 U.S. 43; 122 S. Ct. 1036; 152 L. Ed. 2d 79
(2002)
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On 11/15/2016 4:32 PM, jhayes@hayesbklaw.com [cdcbaa] wrote:
>
>
> Tax peeps:
>
>
> Is the three year rule and the two year rule "tolled" when the
> debtor is in an 11 or 13 which is dismissed?
>
>
>
>
The post was migrated from Yahoo.
Everyone talks about the hanging paragraph in Section 523 but not much love
is given to the hidden paragraph in 507(a)(8) right after (G) but before
(a)(9). That one says 90 days. I do not believe that 507(a)(8)(A)(ii)(II)
adds an extra 90 days (i.e. 180) but Shai may know some other code section
that makes it 180 total.
A cool thing I learned is that the tolling only happens when the government
is prohibited from collecting the tax. So if Debtor files a 3rd case (as an
example) and there is no automatic stay, then there is no tolling.
Sincerely,
*Michael Avanesian *
*[image: avanesian-law-logo-modern]*
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: (818) 276-2477 | Fax: (818) 208-4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
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recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Tue, Nov 15, 2016 at 4:34 PM, ssoesq@aol.com [cdcbaa] wrote:
>
>
> Tolled for the duration of case plus 180 days I believe.
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the
> individual or entity named above and may contain attorney privileged and
> confidential information. If the reader of this message is not the
> intended recipient, you are hereby notified that any dissemination,
> distribution, or copy of this communication is strictly prohibited. If you
> received this communication in error, please immediately notify us by the
> telephone number above and return any hard copies to us via the postal
> service.. The Law Offices of Shai Oved is a debt relief agency which helps
> people file for bankruptcy under the Bankruptcy Code. Shai Oved is a
> Certified Bankruptcy Law Specialist by The State Bar of California Board of
> Legal Specialization.
>
> In a message dated 11/15/2016 4:32:41 P.M. Pacific Standard Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> Tax peeps:
>
>
> Is the three year rule and the two year rule "tolled" when the debtor is
> in an 11 or 13 which is dismissed?
>
>
>
>
>
Everyone talks about the hanging paragraph in Section 523 but not much love is given to the hidden paragraph in 507(a)(8) right after (G) but before (a)(9). That one says 90 days. I do not believe that 507(a)(8)(A)(ii)(II) adds an extra 90 days (i.e. 180) but Shai may know some other code section that makes it 180 total.A cool thing I learned is that the tolling only happens when the government is prohibited from collecting the tax. So if Debtor files a 3rd case (as an example) and there is no automatic stay, then there is no tolling.Sincerely,Michael Avanesian801 N. Brand Blvd., Suite #1130Glendale, CA 91203Tel: (818) 276-2477 | Fax: (818) 208-4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
Tolled for the duration of case plus 180 days I believe.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
In a message dated 11/15/2016 4:32:41 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Tax peeps:
Is the three year rule and the two year rule "tolled" when the debtor is
in an 11 or 13 which is dismissed?
Tolled for the duration of case plus 180 days I believe.
Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220 Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com
The post was migrated from Yahoo.