Co-Debtor Stay and IRS
Posted: Sat Nov 17, 2012 1:34 pm
I disagree, see In re Kimmel 378 BR 630.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Monday, November 5, 2012 11:35 AM
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
Law Office of Catherine Christiansen
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Monday, November 5, 2012 9:47 AM
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
I have a similar question.H and W filed their 2007 taxes jointly and still owe the IRS for that tax year.A tax lien is imminent and W has a pension to protect. They only want to file for W.for H as well because H will be liable for the portion of taxes attributable to his income in that tax year.
Thanks in advance!
Sujin Kim
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, September 28, 2012 8:07 AM
Subject: RE: [cdcbaa] Co-Debtor Stay and IRS
1301 does not apply to tax debt. Tax debt is nonconsumer.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Thursday, September 27, 2012 5:32 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Co-Debtor Stay and IRS
You can't amend the tax returns. Amendment is permitted for returns only up to three years ago.
IRS can't collect against CP during W's active case, can they?
Jay
On Sep 27, 2012 4:33 PM, "Gerald McNally" wrote:
H&W come to me with big tax debt. Tell me both filed all relevant returns. Not enough time to verify data, although 4506-T forms in process with RAVVS. So I filed a 13 for W. Then I find out today that H filed his 2001-4 returns separately, and IRS wants to continue collection actions against H.
Do I:
1. File amended returns to include W? (and does this make them priority?)
2. File for H and then move for joint administration?
3. File a motion to include H in Ws bk without filing a separate petition?
4. Insist that the IRS honor the co-debtor stay?
What sayeth you all?
Gerald McNally
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.