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Debtor's duties to provide tax returns
I have not researched this question but my thoughts are the IRS already
has the tax returns so you have no obligation to show the IRS the
tax returns. The SOLs has run on them if they were filed on time and
there is no fraud.
As far as the trustee is concerned, since the you have provided the
tax returns required by the bankruptcy code, the trustee would
have to show cause why they should be produced, which in my
opinion, are the badges of fraud.
I would talk to the trustee to see what she has on your client and
maybe offer to amend the schedules. I would like to hear
how this turns out.
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 7/8/2010 8:38:09 A.M. Pacific Daylight Time,
jiheekim322@gmail.com writes:
A client has filed for Ch 13. Pursuant to his duties under 521(e), he's provided his tax returns for past 4 years prior to filing (2009-2006). The IRS
requests to see tax returns that were filed before the 4-year-period (2004 & 2005). Disclosing the documents may put client's well-being at jeopardy. Under the Attorney-Client privilege, I've dodged the bullet at the hearing however, the IRS is going to take it to the judge.
I've searched the Code and the Rule over and over again to see whether theIRS and the trustee are entitled to those documents but could not find
anything.
Any thoughts?
Thank you so much.
I have not researched this question but my thoughts are the IRS
already
has the tax returns so you have no obligation to show the IRS the
tax returns. The SOLs has run on them if they were filed on timeand
there is no fraud.
As far as the trustee is concerned, since the you have provided the
tax returns required by the bankruptcy code, the trustee would
have to show cause why they should be produced, which in my
opinion, are the badges of fraud.
I would talk to the trustee to see what she has on your client and
maybe offer to amend the schedules. I would like to hear
how this turns out.
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.
They are.
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.
jiheekim322
Sent: Wednesday, July 07, 2010 5:37 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Debtor's duties to provide tax returns
A client has filed for Ch 13. Pursuant to his duties under 521(e), he's
provided his tax returns for past 4 years prior to filing (2009-2006). The
IRS requests to see tax returns that were filed before the 4-year-period
(2004 & 2005). Disclosing the documents may put client's well-being at
jeopardy. Under the Attorney-Client privilege, I've dodged the bullet at the
hearing however, the IRS is going to take it to the judge.
I've searched the Code and the Rule over and over again to see whether the
IRS and the trustee are entitled to those documents but could not find
anything.
Any thoughts?
Thank you so much.
Message
They
are.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
A client has filed for Ch 13. Pursuant to his duties under 521(e), he's provided his tax returns for past 4 years prior to filing (2009-2006). The IRS requests to see tax returns that were filed before the 4-year-period (2004 & 2005). Disclosing the documents may put client's well-being at jeopardy. Under the Attorney-Client privilege, I've dodged the bullet at the hearing however, the IRS is going to take it to the judge.
I've searched the Code and the Rule over and over again to see whether the IRS and the trustee are entitled to those documents but could not find anything.
Any thoughts?
Thank you so much.
The post was migrated from Yahoo.