Central District Consumer Bankruptcy Attorney's Association

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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.hurlbettfaucher.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:
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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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> 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
>
> --- On Mon, 2/1/10, Holly Roark wrote:
>
>>
>> Subject: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
>> To: cdcbaa@yahoogroups.com
>> Date: Monday, February 1, 2010, 2:34 PM
>>
>> 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@roarklawoffic es.com
>>
>>
>
>
>
>
>
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Re: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
I don’t 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.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111

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