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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I owe IRS 65K , I tries OIC but it was mishandle by JKHarris

Customer Question

I owe IRS 65K , I tries OIC but it was mishandle by JKHarris (what a surprise) any how I fires them after 4 years unsuccessful try..I decided to handle it by myself and I was able to get IRS to move my case to “ un collectable “ status for now
I want to file for bankruptcy since I can , and putt this to rest once for all
I might receive some money in a feature if my disability get approve ( 6 month to a year from now ) IRS can come and get that money or they can take it from my disability later in a feature , I am 52 years old and I expect 2200 monthly income from my disability and a 25 K back pay ..should file for bankruptcy now while I have zero income ? I do not have anything worth a money now for IRS to grab but in a feature I might..what would you do ??
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.

Hi Customer,

Income taxes can be discharged only for years that taxes are actually filed. Additionally, once the tax returns are filed, the filer has to wait 2 years before filing.

I think this is what you wanted to know. If not, please let me know.

Thank you!

Edited by cfortunato on 10/6/2010 at 12:52 AM EST
Customer: replied 7 years ago.
yes , I already knew this , my concern is ..being “un collectable “ some people say “this is as good as being forgiven” and IRS is not going to budder you and some says “ no they look for your income every year and the moment your income increase they come after I do not know which way to go..file for bankruptcy and not to worry about IRS ever after OR not worry about IRS right now because I am “ un collectable” I need to know which one is more in my benefit
Expert:  cfortunato replied 7 years ago.

As filing a Bankruptcy will not get rid of tax debt for any years that you have not filed a tax return, I don't see that filing a Bankruptcy will help you.

Edited by cfortunato on 10/7/2010 at 1:06 PM EST