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I filed my 2008 tax return late in September 2010 can I file it on my bankruptcy?

Arlington, TX |

I'm trying to file my 2008 income taxes where I owe around 27k & was wondering since I filed them late in September of 2010 if I could still dispose of them on a chapter 7 bankruptcy? I read the rule of 3,2,240. The income tax year has to be three years old, I had to file it 2 years prior late or not & they haven't assessed it in 240 years!! I just need to know if anything has changed

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Attorney answers 4

Posted

You misread the statute.

Asker

Posted

That doesn't answer the question. Can I file it on bankruptcy yes or no

Gary D. Bollinger

Gary D. Bollinger

Posted

Upon re-reading the statute, I suspect that you will find the last number is not "years" but rather "days"

Posted

Looks like the answer is yes, but don't rely on my answer because I don't know what else is going on with your situation.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

Posted

Yes, you can typically discharge taxes after a certain amount of time in bankruptcy but not always. The specifics are important, so you should use a bankruptcy attorney who can take the time to research case aw and set you up properly.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Posted

There are very specific rules on the types of taxes that can be discharged and the exact "age" requirements. In general, there are 5 rules you must satisfy in order to discharge income taxes in a chapter 7: the most recent due date for the filing of the return is over 3 years old; the tax return was filed more than 2 years ago; the assessment is over 240 days old; the tax return must not have been fraudulent; and the taxpayer cannot be guilty of a willful attempt to defeat or evade the tax.

There are other sub-issues here that an experienced bankruptcy will have to advise you on, such as when the three year period is calculated, when the 2 year period starts, when taxes are "assessed", what the legal definition of "filed" is, are you current on the filing of all other returns, etc. In short, this can be a confusing area even for bankruptcy attorneys--there are whole seminars for bankruptcy attorneys on the dischargeability of taxes in bankruptcy.
You should check with an experienced bankruptcy attorney in your area to confirm the status of the taxes and whether they would in fact be discharged in a chapter 7 case.

This answer is for informational purposes only and may not be relied upon as legal advice.