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Terry L., Attorney
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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What is the statute of limitations in collecting unpaid income

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What is the statute of limitations in collecting unpaid income taxes for 1997-2005 and 2007-2010? All were included in the Bankruptcy Chapter 7. IRS did not communicate with Bankruptcy trustee orally or in writing. IRS claimed that I did not file for tax return for 1997-2005 but they gave me determinations which became debt . IRS have been garnishing my salary 2001 & prior and social security for the past 3 years. They stopped the SS garnishment on the month my bankruptcy was discharged. Starting July 2011 IRS regarnished my SS claiming bankruptcy does not discharge mytaxes.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 2 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. To dis charge taxes in a BK, you must have filed and the statute is seven years from the date the tax return was filed. Therefore, if you did not file, the statute has not begin to run. Best regards XXXXX XXXXX am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4664
Experience: 35 plus years of experience specializing in bankruptcy law
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Customer: replied 2 years ago.
For the years 1997 -2005 I received determination and made those determinations final because I did not reply. Those became obligations and had started garnishing my salary and then my social security. There is a law that obligations not paid in 9 yrs will be cleared. I got other opinion stating that "to be dischargeable, the tax must be 3 years old, income tax, filed at least 2 years before bankruptcy, and not assessed in the last 240 days before filing.
Customer: replied 2 years ago.
Relist: Other.
I strongly believe that the determination when not contested within 60 days becomes your tax due as if you have filed the return. IRS can only garnish your wages if there is a tax due. The can only lien your property if there is an outstanding obligation.
That is the reason why IRS insisted on my filing for 1997-2005 returns. Please give me the USC, if it is available. Will I find it in IRS Rules and Regulations?
Expert:  Terry L. replied 2 years ago.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here. +


I concur with benber150. Since you did not file the tax returns at least 2 years before the bankruptcy case, they will not be dischargeable. The IRS determination of tax liability is not equivalent to you filing your tax returns, and thus does not meet the dischargeability rule in bankruptcy.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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