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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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> 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.
>>
>>
>>
>> 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
>>
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>>
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
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