Tax Discharge: Can Federal return count as State filed return?
Posted: Sat Jul 14, 2018 10:32 am
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
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written 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 in this communication.
This email has been checked for viruses by AVG.
https://www.avg.com
The post was migrated from Yahoo.