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Dischargeable Taxes and the Forms
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Agree with Dennis. In fact, Id put all taxes on Schedule E; it gives you
the room to separate dischargeable from non-dischargeable taxes, to
demonstrate your and your clients understanding of the situation going in
to the filing. Indeed, its not a bad idea to list IRS and FTB as a
Schedule E creditor in every case, if only for notice purposes.
Admitting a certain amount of non-dischargeable tax in Schedule E doesnt
estop you from later changing your mind if you come across new, more
accurate facts. The test for dischargeability is fairly cut-and-dried based
on transcript records, and the IRS would rather apply the law according to
the facts than play gotcha.
- John D. Faucher
On 6/16/10 8:40 AM, "Dennis McGoldrick" wrote:
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>
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>
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> Putting all taxes on schedule F should be used against you in a malpractice
> suit. I want the taxes I have told the client are nondischargeable to be
> listed as such. I don't want to face a jury who has been lied to by a former
> client, and have to explain why I put taxes on schedule F, the place where you
> put dischargeable taxes, when I told the client they were nondischargeable.
>
> I wouldn't believe the lawyer if I was on the jury. In other words, putting
> taxes on schedule F could be taken as an admission that you told a client to
> file at the wrong time to discharge taxes.
>
>
> Dennis McGoldrick
> 350 S. Crenshaw Bl., #A207B
> Torrance, CA 90503
>
> On Jun 15, 2010, at 2:09 PM, Jim Selth wrote:
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>> Speaking for myself, I place taxes which I believe are nondischargeable in
>> Schedule E, and taxes which I believe are dischargeable in Schedule F.
>>
>>
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>> James R. Selth
>> Weintraub & Selth, APC
>> 12121 Wilshire Boulevard, Suite 1300
>> Los Angeles, California 90025
>> Telephone: (310) 207-1494
>> Facsimile: (310) 442-0660
>> E-Mail: jim@wsrlaw.net
>>
>> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
>> THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW.
>> IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
>> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
>> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
>> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>>
>>
f
>> michaelshemtoub
>> Sent: Friday, June 11, 2010 4:07 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Dischargeable Taxes and the Forms
>>
>>
>>
>> All-
>>
>> I have been receiving conflicting information regarding where to place those
>> taxes that may be dischargeable. My understanding is to put those taxes that
>> may be dischargeable into Schedule F. In fact, some recommend to always place
>> taxes in F regardless of whether they are dischargeable or not.
>>
>> I would appreciate your opinion regarding your personal practices and
>> rationale. Thank you.
>>
>>
>>
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>>> - John D. Faucher
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Re: [cdcbaa] Dischargeable Taxes and the Forms
Agree with Dennis. In fact, I’d put all taxes on Schedule E; it gives you the room to separate dischargeable from non-dischargeable taxes, to demonstrate your and your clients’ understanding of the situation going in to the filing. Indeed, it’s not a bad idea to list IRS and FTB as a Schedule E creditor in every case, if only for notice purposes.
Admitting a certain amount of non-dischargeable tax in Schedule E doesn’t estop you from later changing your mind if you come across new, more accurate facts. The test for dischargeability is fairly cut-and-dried based on transcript records, and the IRS would rather apply the law accordi
The post was migrated from Yahoo.
Putting all taxes on schedule F should be used against you in a malpractice suit. I want the taxes I have told the client are nondischargeable to be listed as such. I don't want to face a jury who has been lied to by a former client, and have to explain why I put taxes on schedule F, the place where you put dischargeable taxes, when I told the client they were nondischargeable.
I wouldn't believe the lawyer if I was on the jury. In other words, putting taxes on schedule F could be taken as an admission that you told a client to file at the wrong time to discharge taxes.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jun 15, 2010, at 2:09 PM, Jim Selth wrote:
Speaking for myself, I place taxes which I believe are nondischargeable in Schedule E, and taxes which I believe are dischargeable in Schedule F.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
The post was migrated from Yahoo.
Speaking for myself, I place taxes which I believe are nondischargeable in Schedule E, and taxes which I believe are dischargeable in Schedule F.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
The post was migrated from Yahoo.
All-
I have been receiving conflicting information regarding where to place those taxes that may be dischargeable. My understanding is to put those taxes that may be dischargeable into Schedule F. In fact, some recommend to always place taxes in F regardless of whether they are dischargeable or not.
I would appreciate your opinion regarding your personal practices and rationale. Thank you.
The post was migrated from Yahoo.