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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18801
Experience:  B.A.; M.B.A.; J.D.
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the state wants me to file a tax for the year of 2004 for taxes

Resolved Question:

the state wants me to file a tax for the year of 2004 for taxes they say i owe so do i have this taxes be made out or do i just wait for their reaponse after i call them ? i just got an answer for some other questions and want to know this also .
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.

the state wants me to file a tax for the year of 2004 for taxes they say i owe so do i have this taxes be made out or do i just wait for their reaponse after i call them ? i just got an answer for some other questions and want to know this also .

 

Response: You have not filed the 2004 tax return? A tax return that has not been filed is not discharged in bankruptcy. You would need to file the tax return and then contact the State.

Customer: replied 6 years ago.
the IRS knows about the bankruptcy and has sent me the information on the year ot 2004 and said to file it . i will have it made out and send it to them and will i still owe them for that tax period and for 2006 also ? or are they just trying to scare me on having to pay them the money. when i file for the bankruptcy my attorney said that only had to file 2006 -7 -and 8 for the bankruptcy, i will check on exactly what or who told them for only them tax periods. what i would like to know is that what legal stand do i have with the law of the IRS and who know that law ? I would like to have a copy of the law of my rights on this situation that iam in now. so i know i will be talking to you or someone else on this situation again, i would like to know my legal rights on the STATE AND IRS laws , thank you for the help for now
Expert:  Phillips Esq. replied 6 years ago.

the IRS knows about the bankruptcy and has sent me the information on the year ot 2004 and said to file it . i will have it made out and send it to them and will i still owe them for that tax period and for 2006 also ? or are they just trying to scare me on having to pay them the money. when i file for the bankruptcy my attorney said that only had to file 2006 -7 -and 8 for the bankruptcy, i will check on exactly what or who told them for only them tax periods. what i would like to know is that what legal stand do i have with the law of the IRS and who know that law ? I would like to have a copy of the law of my rights on this situation that iam in now. so i know i will be talking to you or someone else on this situation again, i would like to know my legal rights on the STATE AND IRS laws , thank you for the help for now

 

Response: If the taxes have not been filed, your liability on those taxes have not been determined and thus cannot be discharged in your bankruptcy. See the Section that I cited to you earlier. 11 U.S.C. Section 523(a)(1). Unfortunately, it appears that you are still going to be owing IRS for the taxes. Statute of Limitations for back taxes is 10 years and the years start to run from the time the IRS assessed the taxes. See Internal Revenue Code Sections 6502, 6501, and 6511:

 

 



Edited by AttorneyPhillips on 9/1/2010 at 7:43 AM EST
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