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Gerald, Esq
Gerald, Esq, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 4194
Experience:  30 years of experience
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My accountant passed away, I found out my taxes haven't been

Customer Question

My accountant passed away, I found out my taxes haven't been filed in many years. What is my recourse? If I file bankruptcy will it wipe away tax liability?Thank you.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you are caught up in this situation. I understand how scary this can be. However, there are programs that can help you.

Unfortunately, Bankruptcy does not extinguish tax liabilities. You are going to need to file with the IRS and the State late returns. You are going to need to request relief from the penalties due to the circumstances.

The IRS has programs to help with these situations, but you need a tax attorney or a certified enrolled tax agent to assist you.

Often times you can get significant relief from the liability.

see this link for information on the IRS program:

This link can help you find a local tax attorney:

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
Thank you. Is it better to get a (OAC) offer and compromise from IRS? What's the best procedure to file bankruptcy? Benefit? Advantage? Is there a fee?Thank you.
Expert:  Gerald, Esq replied 1 year ago.

There are fees to fiing bankruptcy. You need to file in federal bankruptcy court. BUTbankruptcy is NO HELP for tax debts.

You can not discharge tax debts in bankruptcy.

You are better off trying to negotiate a resolution with the IRS.

Kind regards,


Customer: replied 1 year ago.
I would like to file bankruptcy, regardless of IRS. What's the process? Benefits? Negatives? Etc.Thank you.
Expert:  Gerald, Esq replied 1 year ago.


Thank you for the additional follow up.

Fortunately, California has a very good self help system for filing for bankruptcy.

There are several different forms of Bankruptcy, but it sounds like you are trying to wipe away your debts. This would be Chapter 7 bankruptcy. After you go through a Chapter 7 all your debts (except taxes) can be discharged.

It is a little complicated and there isn't much room to explain each step in detail here. BUT the following links have detailed information as well as the forms that you need to file (rather than repeat them here it will be easier to link you to them):

Also there are a number of Bankruptcy Attorneys who will process a simple bankruptcy as rather low costs to you.

The benefits to Bankruptcy is that you will be debt free.

The negatives are that you may have to liquidate assets. However many assets are protected (such as social security and retirement accounts). Also there are a number of exemptions so that some of your assets will be protected.

Take a look at the links that I have provided (there are videos in them as well that explain the process).

I will be unavailable for several days. I may have some limited access, but if I do not respond immediately to any follow up I will as soon as I can.

I am confident if you look through the materials you will have the information that you need to proceed.

Kind regards,


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