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Back taxes from 1999 both federal & state, these are both income tax filings, no waivers were signed by me to the best of my

Fresno, CA |

knowlegde. Since these taxes are over 10 years ago and filed on time are they or could they be eligible to be dischargeable under a chapter 7 bankruptcy?

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Attorney answers 5


Most probably these are dischargeable. An experienced bankruptcy attorney adept at discharging income taxes needs to examine the IRS transcripts to know for sure.

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


If you filed the return over 2 years ago, and the tax obligation is from at least 3 years ago (some caveats here), and there was no fraud, and there was no lien, then it's looking good.


Order a tax account transcript to get additional information. Life comes with no guarantees, but if things are as you believe, most likely you can eliminate these tax debts unless you were audited. Hope this perspective helps!


Yes, they most likely are dischargeable. To know for sure, you would be best served by getting a full analysis by a good attorney.


Before any attorney can advise you they would need additional facts of whether or not you have ever filed any type of bankruptcy before (that is why one attorney states there are caveats). SO if you did file a prior bankruptcy, we need to know what date was it filed and what date was it closed for each such bankruptcy as every day you are in a prior case affects our advice to you or could as it goes into an equation that must be calculated. You might want to amend you facts to state whether or not (1) you ever were in a prior bankruptcy and (2) whether you ever were in discussions re an offer and compromise with the IRS. Finally, you might want to know if the statue of limitations has expired as if that is the only reason to file bankruptcy and if now uncollectable, you might be able to NOT worry about the taxes and NOT have to file bankruptcy either. I use a bankruptcy tax attorney for advice to my clients..and he has assisted hundreds in the last 27 years and over 8,000 persons I have helped..but I learned a long time ago.I never give any tax advice other than the general such as the first attorney mentions herein..3 years, etc.. Why? For malpractice reasons..There are a lot of bankruptcy attorneys, a lot of tax attorneys, but very few good bankruptcy tax attorneys! So find out who is a great bankruptcy tax attorney in your may cost you $400 but if you can skip maybe even filing bankruptcy ..or importantly receive the answers to the questions it is well worth it. That tax attorney can also advise you on any tax liens and the effect thereof., Good luck and I hope my answer assists you.