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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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can tax debts be included

Resolved Question:

can tax debts be included
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi JACustomer,
Some taxes can be discharged in a Bankruptcy, and some cannot be discharged.
1) What type of taxes are owed?
2) For what year(s) are the taxes owed?
Customer: replied 6 years ago.
federal taxes 2007 and 2008 they issued a notice of diffiency
Expert:  cfortunato replied 6 years ago.
Are these federal income taxes, or another type of tax?
Customer: replied 6 years ago.
federal income tax
Expert:  cfortunato replied 6 years ago.

Income taxes - federal and state - can be discharged if, and only if, they are more than 3 years old at the time the Bankruptcy is filed. The 3 years is measured from the date the taxes were due, which is usually April 15 of the year following the tax year, unless a 6-month extension was filed, in which case the 3 years would be measured from October 15 of the year following the tax year.

This means you would be able to have the 2007 income taxes discharged (if you did not file a 6-month extension for the 2007 tax year), but it is too early to have the 2008 income taxes discharged (you would have to wait at least until April 2012 for these to be discharged).

 

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

Thank you!

cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
i was audited does it go from filing day or from audit defeciency day thanks
Expert:  cfortunato replied 6 years ago.
The other rule is you cannot have taxes discharged if there was an assessment within the 240 days before filing. An assessment occurs when you do not file your taxes.
If you are audited, and even if your taxes are adjusted, the 3 years is still measured from the date the taxes were supposed to be filed.