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IRS notice received. I owe over $13,000. I am retired on…

Customer Question
IRS notice received. I...

IRS notice received. I owe over $13,000. I am retired on $1700 soc security benefits. I plan to file Ch 7. I understand the rules regarding this, except for one, which I hope you can help with.

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I am in WA state, and nothing has been filed

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Do you mean by the IRS?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

One of the years for which I owe is 2007. I did not file a return for that year, and the IRS filed one on my behalf. But I never signed it or filed an actual return.

Submitted: 1 month ago.Category: Bankruptcy Law
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Customer reply replied 1 month ago
My full question is, in the situation initially described, do the local rules in Seattle allow me to discharge 2007 tax debts?
Answered in 13 hours by:
3/16/2018
Bankruptcy Lawyer: Michelle-Mod, Moderator replied 1 month ago
Michelle-Mod
Michelle-Mod, Moderator
Category: Bankruptcy Law
Satisfied Customers: 10
Experience: Moderator
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Hello:
I'm Michelle, the moderator for this category. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 1 month ago
I still need assistance please. I know that this issue is subject to different rules in different jurisdictions, but I can't find info specific to Seattle.
Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,938
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

hi., I am happy to help.

Unfortunately, tax returns filed by the IRS do not qualify for discharge under the bankruptcy code. If you filed it, and it meets the other requirements, then it would be dischargeable, but since you did not file it, it does not qualify. You may be able to get into a repayment plan or hardship settlement/offer in compromise after the bankruptcy based on your income. something to explore with a tax attorney post bankruptcy.

Good luck!

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Customer reply replied 1 month ago
If I filed an actual return for 2007, would I have to wait two years after the file date to have that liability discharged?
Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago

Yes, the tax may qualify for discharge if it is income tax, for a tax year at least 3 years old, filed 2 years before bankruptcy and not assessed here in the last 240 days. This also assumes no tax fraud, tax evasion etc.

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Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago

HI. Please click accept to close question and rate my answer if satisfied. If you have more questions, please let me know here and I'll be glad to answer. thanks. Terry

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Terry L.
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Category: Bankruptcy Law
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Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

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