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Tax Discharge: Can Federal return count as State filed return?
For the tax gurus of the group:
Is there any case law that holds that when the state (FTB) uses the
filed federal income tax returns to assess taxes against a
taxpayer/debtor, that is considered a filed return to the FTB for
dischargeability purposes?
I have a case where the debtor filed all his federal returns, but
never filed the state for about 10 years (because his employer was
in another state). So the FTB used the IRS returns and assessed the
taxes against him.
All other required discharge periods have run.
Does the debtor/taxpayer still need to file his state tax returns to
start the 2 year period running on that, or does the filing of the
federal returns count towards that. I would think not, but just
want to be sure.
In this case they were 1040EZ forms filed, so there's no deductions
and thus there would really be nothing changed in filing the actual
state returns.
Thanks,
Mark
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