When the IRS files a POC in my 13 on unfiled taxes?=20
Posted: Tue Feb 02, 2010 5:55 pm
Agree with the rational approach....
To: cdcbaa@yahoogroups.com
Sent: Tuesday, February 2, 2010 5:44:35 PM
Subject: RE: [cdcbaa] When the IRS files a POC in my 13 on unfiled taxes?
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.
n
ohn 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.hurlbettfaucher.com/
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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.
n
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.