Central District Consumer Bankruptcy Attorney's Association

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I dunno, I think there is caselaw out there which supports my idea. I would
want to research it and find a test case. Too expensive to object to a $200
proof of claim. The more rational approach is to call them once the return
is done to determine the proper claim amount.
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.
John Faucher
Sent: Tuesday, February 02, 2010 5:36 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
I dont know what the FTB would do, but I know that the IRS would just open
an audit on the poor debtor. Section 362(b)(9) allows the audit and
ultimate assessment. Section 505 allows the bankruptcy court to determine
the tax liability, or the debtor could file RFS to get to Tax Court.
Section 507(a)(8)(A)(iii) makes the assessment into a priority and
non-dischargeable claim. A confirmation order is pretty small protection
against the taxman.
John D. Faucher
Hurlbett & Faucher
5743 Corsa Ave., Suite 116
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbett faucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
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On 2/2/10 5:26 PM, "David Tilem" wrote:
But the cost may be prohibitive and make the effort not worth it. Consider
no objection, paying the $200 claim and then arguing that the FTB is bound
by the Confirmation Order.........regardless of the actual amount of tax
owed.
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.
>
yahoogroups.com] On Behalf Of Dennis McGoldrick
Sent: Monday, February 01, 2010 7:37 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
Holly:
Yes you have to do something. Take a look at the claim. It will likely
say, "estimated". You will have to get the 2009 tax return filed to get
the IRS to amend the claim.
Yes you can object to the claim.
dennis

The post was migrated from Yahoo.

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But the cost may be prohibitive and make the effort not worth it. Consider
no objection, paying the $200 claim and then arguing that the FTB is bound
by the Confirmation Order.........regardless of the actual amount of tax
owed.
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.
Dennis McGoldrick
Sent: Monday, February 01, 2010 7:37 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
Holly:
Yes you have to do something. Take a look at the claim. It will likely
say, "estimated". You will have to get the 2009 tax return filed to get the
IRS to amend the claim.
Yes you can object to the claim.
dennis

The post was migrated from Yahoo.

Holly:
Yes you have to do something. Take a look at the claim. It will likely say, "estimated". You will have to get the 2009 tax return filed to get the IRS to amend the claim.
Yes you can object to the claim.
dennis

The post was migrated from Yahoo.

Emphasize the importance to your client of preparing and filing their
2009 1040 promptly so that you know the actual numbers and can then
communicate accordingly with the IRS.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Mon 1/02/10 2:34 PM , "Holly Roark" roarklaw@yahoo.com sent:
The IRS filed a POC for $200 in my chapter 13 for 2009 taxes. My
client has not yet filed 2009 taxes. Do I have to schedule this claim
in the plan? Should I object to the claim? The trustee is Nancy Curry
and the Judge is Zurzolo.
Holly Roark
holly@roarklawoffices.com [1]
Links:
[1] mailto:holly@roarklawoffices.com
[2] mailto:?subjectWhen the IRS files a POC in my 13 on unfiled
taxes?
[3] mailto:cdcbaa@yahoogroups.com?subjectWhen the IRS files a POC in
my 13 on unfiled taxes?
[4]

The post was migrated from Yahoo.

The IRS filed a POC for $200 in my chapter 13 for 2009 taxes. My client has not yet filed 2009 taxes. Do I have to schedule this claim in the plan? Should I object to the claim? The trustee is Nancy Curry and the Judge is Zurzolo.
Holly Roark
holly@roarklawoffices.com

The post was migrated from Yahoo.