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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Statute of limitations on collect ability: I have a very

Customer Question

Statute of limitations on collect ability: I have a very large tax debt from 2001. In the 1st place, I have never thought that this amount was correct. I was a whistleblower in 2001, lost my job, and had to pull my pension in order to support myself. I have not been able to find sustained employment since (blackballed, I think). I was at the time emotionally distraught and involved in litigation. I did not file a return until spring, 2006. In the end, I could not hire an attorney. I filed for Ch. 7 bankruptcy in October, 2005 under the old law, and listed my tax liability as contested, thinking that the IRS would respond, and that I might get this cleared. In fact, I received my discharge in 2006, and I thought the tax had been discharged with the rest of my debts. About 4 months before the discharge, and I think before my meeting with a trustee, I filed the tax return, along with returns for 2001, 2002, 2003, 2004 and 2005. I made mistakes on 2001, and the IRS overcharged.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I understand the facts, so far, but I am not yet seeing a question. How can I help you, exactly? Are you asking how long the IRS can pursue you for the debt?

Customer: replied 1 year ago.
from what starting point. Same question re the state of Ohio. If this is forever, is there anything I can do?
Expert:  Dimitry K., Esq. replied 1 year ago.

Did the IRS obtain a judgment against you? If yes, then the statute of limitations does not matter as you have a lifetime to pay it off. If no judgment was obtained, there is a 7 year look-back provision and statute of limitations on owed back-taxes. As for Ohio, there is a 7 year statute of wage garnishment and bank levies, but there is a 15 year statute of limitation on tax lien filings from the common pleas courts. What you can do is contact the entities and try to work out a better payment plan, but generally past debts cannot be waived, excused, or discharged. You can ask to waive part or some of the penalties but that is about it as far as requesting some sort of redress.

Sincerely,

Dimitry, Esq.

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