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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was just notified of a Missouri income tax assessment for

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I was just notified of a Missouri income tax assessment for 2008 taxes. My accountant is reviewing it now, but it looks like they failed to file a MO return in addition to a KS return, which was filed and which did declare the MO income. For reasons other than that (this is a complicating issue), I am considering filing chapter 7 bankruptcy soon, probably before the end of the year. Would that tax assessment be dischargeable?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Yes, it is possible to discharge state and federal income taxes through a chapter 7 bankruptcy.

The Bankruptcy code sets out specific time periods that determine if you can discharge your taxes, often called the 3-year, 2-year, and 240-day rules (or the 3-2-240 rules). Under these rules, you can discharge taxes that came due 3 years before filing for bankruptcy, as long as it has been at least 2 years since you filed the tax forms and 240 days since the taxes were assessed. These rules are often misunderstood. However, the important thing to understand is that you must meet the requirements of all three rules to discharge your taxes.

Thus, it is likely that since these taxes are from 2008, you should have a chance to have the taxes discharged.
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Customer: replied 4 years ago.

Thanks for the useful, definitive answer. I can research further from here, so this was extremely helpful. It is also good news! Thanks.