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Dischargeability of 2007 Tax Debt
This is another In re Kimmel question. Community property discharge will protect the first filing spouse so long asspouses remain married.Make sure calculation of three year rule +++is correct this time!
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Sunday, January 8, 2012 7:51 PM
Subject: Re: [cdcbaa] Dischargeability of 2007 Tax Debt
The stay prevented IRS from collecting from community assets, so tolling time must be added re stay plus 90 days. 507(a)(8)(ii)(II).
Sent from my iPhone
On Jan 8, 2012, at 11:13 AM, "sofiya" wrote:
>Hello,
>
>Spouse of PC filed for chapter 7 bk in June of 2011. 2007 tax liability was listed on Schedule E and assured the Debtor that it would get discharged. The discharge notice was sent on October 18, 2011. Debtor received notification from IRS in December 2011 requesting payment of the total amount due for 2007. I contacted IRS to find out why it was not discharged and was told that 2007 taxes were on extension until 10/15/2011 and because Debtor was in bk for appx. 4 months, there was a stay. Thus, based on the 3-year requirement, the Debtor should have waited until appx. April of 2012 to file i order to have the 2007 obligation be discharged. Here is my question:
>
>If the Debtor's spouse who was not part of the previous ch 7 bk files for ch 7 bk in April of 2012 (2007 taxes were filed jointly), will the 2007 tax obligation be discharged in his bankruptcy?
>
>Thanks
>Sofya
>
>
The post was migrated from Yahoo.
The stay prevented IRS from collecting from community assets, so tolling time must be added re stay plus 90 days. 507(a)(8)(ii)(II).
Sent from my iPhone
On Jan 8, 2012, at 11:13 AM, "sofiya" wrote:
> Hello,
>
> Spouse of PC filed for chapter 7 bk in June of 2011. 2007 tax liability was listed on Schedule E and assured the Debtor that it would get discharged. The discharge notice was sent on October 18, 2011. Debtor received notification from IRS in December 2011 requesting payment of the total amount due for 2007. I contacted IRS to find out why it was not discharged and was told that 2007 taxes were on extension until 10/15/2011 and because Debtor was in bk for appx. 4 months, there was a stay. Thus, based on the 3-year requirement, the Debtor should have waited until appx. April of 2012 to file i order to have the 2007 obligation be discharged. Here is my question:
>
> If the Debtor's spouse who was not part of the previous ch 7 bk files for ch 7 bk in April of 2012 (2007 taxes were filed jointly), will the 2007 tax obligation be discharged in his bankruptcy?
>
> Thanks
> Sofya
>
>
The stay prevented IRS from collecting from community assets, so tolling time must be added re stay plus 90 days. 507(a)(8)(ii)(II).Sent from my iPhoneOn Jan 8, 2012, at 11:13 AM, "sofiya" <s_dav2005@yahoo.com> wrote:
Hello,
Spouse of PC filed for chapter 7 bk in June of 2011. 2007 tax liability was listed on Schedule E and assured the Debtor that it would get discharged. The discharge notice was sent on October 18, 2011. Debtor received notification from IRS in December 2011 requesting payment of the total amount due for 2007. I contacted IRS to find out why it was not discharged and was told that 2007 taxes were on extension until 10/15/2011 and because Debtor was in bk for appx. 4 months, there was a stay. Thus, based on the 3-year requirement, the Debtor should have waited until appx. April of 2012 to file i order to have the 2007 obligation be discharged. Here is my question:
If the Debtor's spouse who was not part of the previous ch 7 bk files for ch 7 bk in April of 2012 (2007 taxes were filed jointly), will the 2007 tax obligation be discharged in his bankruptcy?
Thanks
Sofya
The post was migrated from Yahoo.
Hello,
Spouse of PC filed for chapter 7 bk in June of 2011. 2007 tax liability was listed on Schedule E and assured the Debtor that it would get discharged. The discharge notice was sent on October 18, 2011. Debtor received notification from IRS in December 2011 requesting payment of the total amount due for 2007. I contacted IRS to find out why it was not discharged and was told that 2007 taxes were on extension until 10/15/2011 and because Debtor was in bk for appx. 4 months, there was a stay. Thus, based on the 3-year requirement, the Debtor should have waited until appx. April of 2012 to file i order to have the 2007 obligation be discharged. Here is my question:
If the Debtor's spouse who was not part of the previous ch 7 bk files for ch 7 bk in April of 2012 (2007 taxes were filed jointly), will the 2007 tax obligation be discharged in his bankruptcy?
Thanks
Sofya
The post was migrated from Yahoo.