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.
Steven A. Leahy
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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.
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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)?
Patent & Tax Law Attorney
Certified Tax Specialist by the California Board of Legal Specialization
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Simplest solution -- file a zero return and continue moving forward with your fresh start.
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