Central District Consumer Bankruptcy Attorney's Association

That is my understanding as well, FWIW
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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On 6/24/2010 3:01 PM, David A. Tilem wrote:
>
>
> My understanding is that the return originally filed for that year IS
> "*THE*" return for purposes of the statute. Amendments are amendments
> TO the return.
> *David A. Tilem*
> Certified Bankruptcy Specialist**^*+ **
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> + Business bankruptcy specialist cert. by Amer. Bd. of Certification
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *robert90701@aol.com
> *Sent:* Thursday, June 24, 2010 2:50 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] TAXES and Filing an amended Return
>
> Good question.
> My thoughts are if he has not already done it, the state returns need
> to be
> amended notwithstanding the 2 year rule So have them filed because
> penalties
> and interest are accruing.
> Now these are my thoughts without any research. I seem to recall that an
> amended return is not considered a new return so the 2 years would not be
> restarted but I would have to look it up to be sure.
>
> *Disclaimer*
>
> *Although the above response is believed to be accurate, it should not
> be relied upon as any type of legal advice. It is intended to educate
> the reader and a more definite answer should be based on a
> consultation with a lawyer. No attorney client relation is formed with
> me without a written contract.*
>
> *Good Luck starts with a strategy and a plan. *
>
> **
>
> *Robert J. Suhajda, MS,CPA*
>
> *Attorney*
>
> *17721 Norwalk Blvd. #43***
>
> *Artesia**, CA 90701***
>
> *562-924-8922*
>
> *Former financial auditor and controller. Admitted to US Tax Court,
> Income Tax, Bankruptcy, IRS representation, Fiduciary income tax
> returns, Estate and Gift tax returns*
>
> In a message dated 6/23/2010 10:46:26 A.M. Pacific Daylight Time,
> jsmith@cgsattys.com writes:
>
> Client filed tax returns for 2004, 2005, and 2006 ON TIME, nominal
> taxes owed or refunded. Client was audited in 2009-10 for all
> three tax years and was not found to have fraudulently or
> willfully evaded, etc. but had massive business deductions
> disallowed, resulting in about $300K if IRS taxes and penalties
> being recently assessed and spread out over these tax years. I
> know that I gotta wait for 240 + 30 days from the assessment to
> file his CH 7, no problem.
>
> The issue is the State. Someone reccommended that the debtor file
> "amended" returns with the state to cause them to assess quickly,
> and get the 270 days on them ticking. Before I pull that trigger,
> is anyone concerned that filing an amended return re-starts the
> two-year time frame in section 523 that the BK must be no sooner
> than 2 years after the actual filing of the return?
>
> 523(a)(1)(B)(ii) says a tax is not discharged with respect to a
> return that "was filed...after the date on which ...[it} was last
> due...and after two years before the date of the filing of the
> petition". Seems like a tax based on an amended return filed less
> than two years before the BK might not be discharged. Any thoughts?
>
>
>
>

The post was migrated from Yahoo.

charset="windows-1251"
My understanding is that the return originally filed for that year IS "THE"
return for purposes of the statute. Amendments are amendments TO the
return.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
robert90701@aol.com
Sent: Thursday, June 24, 2010 2:50 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] TAXES and Filing an amended Return
Good question.
My thoughts are if he has not already done it, the state returns need to be
amended notwithstanding the 2 year rule So have them filed because
penalties
and interest are accruing.
Now these are my thoughts without any research. I seem to recall that an
amended return is not considered a new return so the 2 years would not be
restarted but I would have to look it up to be sure.
Disclaimer
Although the above response is believed to be accurate, it should not be
relied upon as any type of legal advice. It is intended to educate the
reader and a more definite answer should be based on a consultation with a
lawyer. No attorney client relation is formed with me without a written
contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
Attorney
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Former financial auditor and controller. Admitted to US Tax Court, Income
Tax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estate
and Gift tax returns
In a message dated 6/23/2010 10:46:26 A.M. Pacific Daylight Time,
jsmith@cgsattys.com writes:
Client filed tax returns for 2004, 2005, and 2006 ON TIME, nominal taxes
owed or refunded. Client was audited in 2009-10 for all three tax years and
was not found to have fraudulently or willfully evaded, etc. but had massive
business deductions disallowed, resulting in about $300K if IRS taxes and
penalties being recently assessed and spread out over these tax years. I
know that I gotta wait for 240 + 30 days from the assessment to file his CH
7, no problem.
The issue is the State. Someone reccommended that the debtor file "amended"
returns with the state to cause them to assess quickly, and get the 270 days
on them ticking. Before I pull that trigger, is anyone concerned that filing
an amended return re-starts the two-year time frame in section 523 that the
BK must be no sooner than 2 years after the actual filing of the return?
523(a)(1)(B)(ii) says a tax is not discharged with respect to a return that
"was filed...after the date on which ...[it} was last due...and after two
years before the date of the filing of the petition". Seems like a tax based
on an amended return filed less than two years before the BK might not be
discharged. Any thoughts?
charset="windows-1251"
Message
My understanding is that
the return originally filed for that year IS "THE" return for
purposes of the statute. Amendments are amendments TO the
return.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Good question.
My thoughts are if he has not already done it, the state returns need to be
amended notwithstanding the 2 year rule So have them filed because
penalties
and interest are accruing.
Now these are my thoughts without any research. I seem to recall that an
amended return is not considered a new return so the 2 years would not be
restarted but I would have to look it up to be sure.
Disclaimer
Although the above response is believed to be accurate, it should not be
relied upon as any type of legal advice. It is intended to educate the
reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a writtencontract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
Attorney
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Former financial auditor and controller. Admitted to US Tax Court, IncomeTax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estateand Gift tax returns
In a message dated 6/23/2010 10:46:26 A.M. Pacific Daylight Time,
jsmith@cgsattys.com writes:
Client filed tax returns for 2004, 2005, and 2006 ON TIME, nominal taxes owed or refunded. Client was audited in 2009-10 for all three tax years andwas not found to have fraudulently or willfully evaded, etc. but had massive
business deductions disallowed, resulting in about $300K if IRS taxes and penalties being recently assessed and spread out over these tax years. I
know that I gotta wait for 240 + 30 days from the assessment to file his CH
7, no problem.
The issue is the State. Someone reccommended that the debtor file
"amended" returns with the state to cause them to assess quickly, and get the 270
days on them ticking. Before I pull that trigger, is anyone concerned thatfiling an amended return re-starts the two-year time frame in section 523 that the BK must be no sooner than 2 years after the actual filing of the return?
523(a)(1)(B)(ii) says a tax is not discharged with respect to a return
that "was filed...after the date on which ...[it} was last due...and after two
years before the date of the filing of the petition". Seems like a tax
based on an amended return filed less than two years before the BK might not
be discharged. Any thoughts?
Good question.

My thoughts are if he has not already done it, the state returns need to
be
amended notwithstanding the 2 year rule So have themfiled because penalties
and interest are accruing.

Now these are my thoughts without any research. I seem to recall that
an
amended return is not considered a new return so the 2 years would notbe
restarted but I would have to look it up to be sure.

Disclaimer
Although the above response is
believed to be accurate, it should not be relied upon as any type of legaladvice. It is intended to educate
the reader and a more definite answer should be based on a consultation with a
lawyer. No attorney client relation is formed with me without
a written contract.

Good Luck starts with a strategy and a plan.

The post was migrated from Yahoo.

Client filed tax returns for 2004, 2005, and 2006 ON TIME, nominal taxes owed or refunded. Client was audited in 2009-10 for all three tax years and was not found to have fraudulently or willfully evaded, etc. but had massive business deductions disallowed, resulting in about $300K if IRS taxes and penalties being recently assessed and spread out over these tax years. I know that I gotta wait for 240 + 30 days from the assessment to file his CH 7, no problem.
The issue is the State. Someone reccommended that the debtor file "amended" returns with the state to cause them to assess quickly, and get the 270 days on them ticking. Before I pull that trigger, is anyone concerned that filing an amended return re-starts the two-year time frame in section 523 that the BK must be no sooner than 2 years after the actual filing of the return?
523(a)(1)(B)(ii) says a tax is not discharged with respect to a return that "was filed...after the date on which ...[it} was last due...and after two years before the date of the filing of the petition". Seems like a tax based on an amended return filed less than two years before the BK might not be discharged. Any thoughts?

The post was migrated from Yahoo.