When you refer to "tax gurus," I feel compelled to respond. However, I do consider myself a bit weak on the community discharge when there is a nonfiling spouse.
After reading 523(a)(3), I am of the opinion that you have done everything you need to in order to put the tax authorities on notice that there are tax debts that can't be satisfied by community property after the discharge.
On Wednesday, July 9, 2014 3:30 PM, "'Mark J. Markus'
bklawr@yahoo.com [cdcbaa]" wrote:
For our tax gurus out there:
I represent a debtor in a Ch. 13 case with a confirmed plan.
Her husband did not join in the filing.
Husband owes IRS and FTB taxes for years prior to their
marriage, but all of which should be dischargeable at this time.
I listed those tax debts in the debtor-wife's Ch. 13 case and,
thus far, neither the IRS nor the FTB has filed a proof of
claim.
Does anyone see any reason why I should file a POC for the
taxing agencies? I want to make sure they can't come after any
community property once the discharge is entered for the wife.
Thanks,
Mark
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