Tax Returns

Yahoo Bot · Mon Apr 15, 2013 1:56 pm

Your initial advice is correct. This accountant was clearly out of
his/her depth! Debtor needs a new accountant and should demand a refund as a
short year tax refund can only be filed when it is an asset Chapter 7 case.
Even then it is discretionary, not mandatory. This is stated plain as dayin Publication 908 if the accountant bothered to read the whole publication
and had a clue!
The IRS may very well require the two short year returns be amended to onereturn for the entire year.
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)
In a message dated 4/15/2013 12:13:54 P.M. Pacific Daylight Time,
larry@webbklaw.com writes:
Counsel,
It was a simple no asset case. No surrender, debtor kept his underwater
home etc. The tax year was not split. The tax preparer just filed
separate tax returns, charged double and blamed it on the bankruptcy. Also, I
believe bankruptcy estate tax return would be filed by the trustee, but Ihave never seen a bankruptcy estate tax return.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
_Check out my Blog_ (http://www.lien-strip.net/WP/)
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150
Jay Fleischman
Sent: Sunday, April 14, 2013 9:35 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Tax Returns
Catherine's right of course. I presumed a no-asset Chapter 7 for no
reason grounded in reality.
On Apr 14, 2013 9:14 PM, "Catherine Christiansen"
wrote:
Surrendered real property on a no asset case sounds like the debtor
surrendered the real property to the lender.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: _(714) 375-6651_ (tel:(714)%20375-6651) Fax: _(562) 490-8572_
(tel:(562)%20490-8572)
_attorneychristiansen@gmail.com_ (mailto:attorneychristiansen@gmail.com) This e-mail is private and confidential and is intended solely for the
recipient(s) named or otherwise identified herein. If you are not named orotherwise identified as an intended recipient, please delete this e-mail
message and any copies thereof and immediately notify Christiansen Law Offices
by e-mail or by telephone _(562)608-8368_ (tel:(562)608-8368) .
Representation Note: If you have not signed a contract of representation,Christiansen Law Offices does not represent you, and this email does not
contain any legal advice for you. NOTICE: We are a federally designatedDebt Relief Agency under the United States Bankruptcy Laws. We assist people
with finding solutions to their debt problems,including filing petitions
for relief under the Bankruptcy Code.
And may you have the power to understand, as all God's people should, howwide, how long, how high, and how deep his love is. Ephesians 3:18 NLT
____________________________________
To: "_cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) "
Sent: Sunday, April 14, 2013 8:54 PM
Subject: Re: [cdcbaa] Tax Returns
If it was not an asset case, and the debtor is single, is there also a taxdebt on surrendered real property? Does the trustee submit tax docs to theIRS?
____________________________________
(mailto:christiansenlaw@yahoo.com) >
To: "_cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) "
Sent: Sunday, April 14, 2013 8:44 PM
Subject: Re: [cdcbaa] Tax Returns
If it was an asset case then it made sense to split the tax year to
prepetition tax debt and postpetition tax debt. The Estate pays the
nondischargeable prepetition tax debt from proceeds of seized assets. Otherwise, the
whole debt is considered postpetition and debtor has personal liability an d
responsibility for paying the entire claim. 26 U.S.C. 1398(g)(2).
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: _(714) 375-6651_ (tel:(714)%20375-6651) Fax: _(562) 490-8572_
(tel:(562)%20490-8572)
_attorneychristiansen@gmail.com_ (mailto:attorneychristiansen@gmail.com) This e-mail is private and confidential and is intended solely for the
recipient(s) named or otherwise identified herein. If you are not named orotherwise identified as an intended recipient, please delete this e-mail
message and any copies thereof and immediately notify Christiansen Law Offices
by e-mail or by telephone _(562)608-8368_ (tel:(562)608-8368) .
Representation Note: If you have not signed a contract of representation,Christiansen Law Offices does not represent you, and this email does not
contain any legal advice for you. NOTICE: We are a federally designatedDebt Relief Agency under the United States Bankruptcy Laws. We assist people
with finding solutions to their debt problems,including filing petitions
for relief under the Bankruptcy Code.
An d may you have the power to understand, as all God's people should, howwide, how long, how high, and how deep his love is. Ephesians 3:18 NLT
____________________________________
>
To: _cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com)
Sent: Sunday, April 14, 2013 4:31 PM
Subject: Re: [cdcbaa] Tax Returns
Sounds as if the CPA elected a shortened tax year and did a prefiling andpostfiling return. Odd and unnecessary.
On Apr 14, 2013 1:52 PM, "Larry Webb" wrote:
I believe a former client was ripped off by his tax preparer.
A former client has complained to me that his CPA charged him double on
his tax returns this year because of his bankruptcy. His bankruptcy case was
filed, discharged and dismissed in 2012. The debtor has a solo service
business, gardening; debtor wife cleans houses. The CPA claimed he had tofile separate returns because H&W bankruptcy estates taxes are treated
separately. The client called me and I told him he was n ot filing a estate tax return. The CPA printed out IRS PUB 908 and highlighted the
sentence Two separate bankruptcy estate tax returns must be filed. And
told the client to show me the underlined section. The CPA did not highlight
paragraphs that defines bankruptcy estate income. I told the client
to find a new CPA.
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-9 87-1400
Email _Webblaw@Earthlink.net_ (mailto:Webblaw@Earthlink.net)
Your initial advice is correct. This accountant was clearly out of
his/her depth! Debtor needs a new accountant and should demand a refund as
a short year tax refund can only be filed when it is an asset Chapter 7
case. Even then it is discretionary, not mandatory. This is stated
plain as day in Publication 908 if the accountant bothered to read the whole
publication and had a clue!

The IRS may very well require the two short year returns beamended to one return for the entire year.

Mark T.
Jessee Law Offices of Mark T. Jessee"A Debt Relief Agency"50
W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 4/15/2013 12:13:54 P.M. Pacific Daylight Time,
larry@webbklaw.com writes:

Counsel,

It was a
simple no asset case. No surrender, debtor kept his underwater home etc. The tax year was not split. The tax preparer just filed
separate tax returns, charged double and blamed it on the bankruptcy.
Also, I believe bankruptcy estate tax return would be filed by the trustee,
but I have never seen a bankruptcy estate tax return.

Best regards

Larry
Webb
State Bar of
California 229344
Central
District California
"A Debt
Relief Agency"
Check
out my Blog< /p>

Larry@webbklaw.
com
Law Offices
of Larry Webb
484 Mobil Ste
43
Camarillo Ca
93010

P
805.987.1400

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