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BANKRUPTCY AND TAXES

Chandler, AZ |
Filed under: Tax return Tax law

DO I HAVE TO FILE MY TAXES FOR THIS YEAR IF I DIDN'T MAKE ENOUGH?THE TRUSTEE SAYS EVERYONE HAS TO TURN THEM OVER TO HIM.DO I HAVE TO FILE ANYWAYS?

Attorney Answers 5

Posted

If you are not required to file your tax return you may be able to submit an affidavit to that effect to the Trustee. Sometimes this will work, it depends on the Trustee. But if you are not required to file, there is no benefit to the Trustee that you do so.

I hope this helps.
Respectfully,
Steven A. Leahy
www.chicagotaxteam.com

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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Posted

Your bankruptcy trustee can't supersede the law and require you to file returns that the taxing authorities do not require. It sounds like you are responding to a general instruction issued by the trustee to all debtos, and not to information responding to your specific concern. Even though you don't think you have enough income to require filing, you might consider doing so anyway if you are entitled to any "refundable" credits such as earned income credit.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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7 comments

Phillip Monroe Smith

Phillip Monroe Smith

Posted

You may not have any way of proving you are not required to file with at least providing the trustee a 'pro forma" return.

Asker

Posted

Be aware. Attention seeking female lawyer looking for one night stand.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Vandalism by deranged user. Avvo notified.

Phillip Monroe Smith

Phillip Monroe Smith

Posted

This was not my comment! Sent from my Verizon Wireless 4G LTE DROID -----Original message-----

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Correct, Phillip Smith. The vandal is known and Avvo is involved. So sorry one crazy user's retribution has now spread outside her own posts. My apologies to you.

Phillip Monroe Smith

Phillip Monroe Smith

Posted

Thank you Sent from my Verizon Wireless 4G LTE DROID -----Original message-----

Paula Brown Sinclair

Paula Brown Sinclair

Posted

You are welcome, Philip Smith. The outrageous comment was taken down fairly quickly, but the secondary comments were not, leaving readers to just wonder what the fuss was about.

Posted

Why not file a $0 return. Fill it out truthfully. Mail it. Get proof of delivery. You may need to prove that you filed for other reasons. The act of filing covers a lot of bases that an affidavit may fall short on. What if the bankruptcy filing is delayed, or what if you do a chapter 20 later on ? A question may arise "did they file ALL their returns for the last 5 - 10 years? Why have a missing spoke with an odd sized, open and perhaps ambiguous patch (Affidavit)?

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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Posted

Simplest solution -- file a zero return and continue moving forward with your fresh start.

Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized to handle IRS matters throughout the United States. His phone number is 480-345-8100 or his email address is scott@gprlaw.net. His website is www.gprattorneys.com. Please note that this answer does not constitute legal advice, and should not be relied upon. Each state has different laws, every situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Posted

There is rarely a good reason for not filing a return, even if you make too little. You could even be passing up a few hundred dollars in credits.

Christopher Larson
Insight Law
www.insightlawfirm.com

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