Central District Consumer Bankruptcy Attorney's Association

Hello Nancy:
Generally, if someone has tax debt, he knows it. If I ask two or three times about tax debt, and the client says there is none, then I take their word for it and just check the last four years of tax accounts.
But if the client says yes, I have tax debt, then I ask for every piece of paper they've gotten from the IRS in the last six months. As you can imagine, I get a lot of rubber bands and shoe boxes. Often I'm opening envelopes for the first time.
When I know that there are tax issues, that's when I'll ask the IRS for the last 10 years of taxes. And I charge more for cases where there are tax issues.
- John D. Faucher
On Friday, September 12, 2014 3:48 PM, "Nancy Clark nbc@blclaw.com [cdcbaa]" wrote:
I wonder based on the DeLuca decision if debtors attorney has an obligation to do what John is doing since it seems from the decision that we cannot always rely on the debtor to inform us of the issues regarding dischargeability? Do we need to get informed consent from the client if we do not do such a review?
John:
Do you charge extra to review 10 years of taxes?
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
www.BorowitzClark.com
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From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, September 11, 2014 4:42 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] IRS Practitioner's Hotline no longer taking live calls
To Steve Lever:
Form 4506-T allows you to get the account transcript. Form 4506 is for the tax return.
To Sam:
I always try to get 10 years of account transcripts. Some debtors have very old tax debts, and you want to make sure that they are dischargeable. There are fact patterns that could make a tax debt from 2005 nondischargeable today (very late filing, followed by a collection due process case). And you can never take the client's word for it that he actually filed his return.
- John D. Faucher
On Thursday, September 11, 2014 4:33 PM, "sam@southbaybk.com [cdcbaa]" wrote:
I can't recall ever having a need for copies of more than 4 years of previously filed returns. But I only do 7s and 13s.

The post was migrated from Yahoo.

You can designate the type of transcript, their program defaults to a transcript is not sufficient for dischargeability analysis
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Thursday, September 11, 2014 10:42 AM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
Catherine:
I dont think thats Account Transcripts you get from CIN. Its the Wage & Income report that just has the details of the return. I need the Record of Account or Account Transcript for short.
Please inform me if thats not the case.
Steve
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, September 11, 2014 9:13 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] IRS Practitioner's Hotline no longer taking live calls
CIN Compass will order your transcripts also. It is bankruptcy software and case management program.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Thursday, September 11, 2014 8:59 AM, "sam@southbaybk.com [cdcbaa]" wrote:
For what it is worth, I have always had trouble getting timely transcripts from the service, and when I've used a POA I end up getting all kinds of unwanted mail. So I signed up with a company called Lenders Processing Service. I have the client sign a 4506T, upload to LPS and last 4 years of transcripts are usually available to download within a few days. Their charge is, I believe, $14 for the first year and a sliding scale upwards, which I pass on to the client, with a little extra for my time. It's very clean - and the fact that the client has to pay usually causes them to "find" the tax returns that they previously couldn't find.

The post was migrated from Yahoo.