Do I owe the IRS?

Asked about 5 years ago - Richmond, VA

In 2004, I received a letter from the IRS saying I owed for an error on my 2001 taxes. A few months later, I filed bankruptcy and I told the lawyer about the IRS. I did not hear anything else from the IRS and called last year to make sure my account wasn't sitting somewhere collecting interest and was told that I didn't owe. The bankruptcy was discharged in December. I got a letter last week saying I owe for the 2001 taxes! I am now disabled and am getting SSDI. I was filing and paying taxes up until 2 years ago when I became ill.

Attorney answers (1)

  1. Darrin T. Mish

    Contributor Level 9

    Answered . Obviously it's hard to answer your question definitely but I don't think you're taxes would be dischargeable in bankruptcy. Let me explain why. One of the key dischargeability factors is that the return must have been due within 3 years (including extensions) of the petition filing. A 2001 return was due April 15, 2002. So those liabilities wouldn't be dischargeable (under this rule) until at least April 15, 2005 which is actually after your bankruptcy filing.

    If you're disabled and on SSDI you should contact the IRS and request hardship status. That shouldin't be too hard. Good Luck.

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