Central District Consumer Bankruptcy Attorney's Association

There was an exchange earlier this year about discharge of taxes on late
filed returns and the BAPCPA amendment which was construed by three courts
to bar discharge of taxes on late filed returns. The IRS has issued a
"chief counsel opinion" which allows discharge of taxes reported on late
filed returns provided that the IRS has not previously assessed the tax
without a return. Once the IRS has assessed the tax without a return, the
tax is not dischargeable even if a return is later filed. However, any
additional tax on the late filed return is dischargeable.
Caveat Emptor - do your own research
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.
Message
There was an exchange earlier this year about discharge of
taxes on late filed returns and the BAPCPA amendment which was construed bythree courts to bar discharge of taxes on late filed returns. The IRS has
issued a "chief counsel opinion" which allows discharge of taxes reported on
late filed returns provided that the IRS has not previously assessed the tax
without a return. Once the IRS has assessed the tax without a return, the
tax is not dischargeable even if a return is later filed. However, any
additional tax on the late filed return is dischargeable.

Caveat Emptor - do your own
research

David A.
Tilem
Certified Bankruptcy
Specialist*
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