Client sued in closed case for adversary without reopening
Posted: Thu Nov 09, 2017 6:17 pm
Steve,
I think an (a)(1) complaint can be filed at any time.
As for the need for reopening the bk case, I dont know.
On Nov 9, 2017 4:58 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
Hi Thomas,
Thank you for the response. They are suing under a Complaint to Determine
Dischargeability pursuant to 523(a)(1)(B)(i)
They are suing under an arcane California RT Code18622 -- that requires an
extra return in addition to the annual tax return in the event of an audit
of the IRS. So the bizarre conclusion is that if you dont timely self
report the federal audit results in addition to filing a tax return for
that year you have not met all the requirements of the 2 year rule. So the
Feds are discharged but the state is not.
I have been corresponding with them for over 2 years on the matter. I got
their position letter more then 2 years ago. I responded with my contrary
position, noting that the case law was all outside the 9th Circuit and
wasnt binding here.
They waited for more than a year to respond. Then we heard their legal
argument. Now a very short notice pleading was filed entitled as mentioned
above: Complaint to Determine Dischargeability pursuant to 523(a)(1)(B)(i).
I can send you the legal arguments both ways if youre interested.
Also, anyone who is interested in defending these former clients should let
me know off list.
Steve
*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
*Sent:* Wednesday, November 08, 2017 11:43 AM
*To:* cdcbaa@yahoogroups.com
*Subject:* RE: [cdcbaa] Client sued in closed case for adversary without
reopening
A case does not need to be reopened in order to file an adversarial
proceeding although, I am curious, what is the FTB claiming/suing for?
Thomas J. Tedesco, Esq.
*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
]
*Sent:* Wednesday, November 8, 2017 11:27 AM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] Client sued in closed case for adversary without
reopening
The FTB sued a former client of mine in a case thats been closed for years
for tax dischargeability. They did so without reopening the case.
I guess since the clerk accepted it, and based upon some reading on this
list serve I somewhat recall, that this is proper.
Does anyone think otherwise?
Steve
Law Offices of Steven B. Lever
Steven B. Lever
( Tel. (562) 436-5456 ext. 1
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