I give up... taxes due after bk filed

[dizyblond]

I'm pro se -- I think I have things covered except this.
Pls do not go off on me on how stupid I am to file pre se -- I know it!
I'm in Calif, if that matters.

Explanation below, followed by questions.

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Timeline:
4/15/07: Filed for an extension of my 2006 taxes. (didn't think I owed)

4/25/07: Declared BK

5/1: Did my 2006 taxes and I owe $5000. Did not think I could add this into the plan so figured I'd deal with it separately from the bk.

5/27: Had 341 meeting -- I listed something wrong in the plan and have to adjust. As an added bonus, a raise went thru today so I will have to amend my plan to include that income.

6/8: Deadline to file my revised plan/any other docs & serve

7/10: Next 341
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So... Now I have more disposable income (not a lot, but they will want it). I was going to wait 5 years until the bk was complete then deal with the IRS, but now that I have a bit more disposable income, I figure I should start paying off the $5000

Questions:
1) Can anyone confirm the "rule" on post-petition taxes when the 341 has not been completed yet? Can I include these as a priority claim? Or is it too late?

2) If I cannot include as a priority claim... In my schedule of expenses, can I list a monthly payment to the IRS for taxes determined after the filing date? (I don't want to do anything "tricky" that would make the trustee cranky or get me a continuance).

3) I also owe STATE taxes from 2006 (also determined after the bk filing date) -- can I add this to my list of creditors?

Thanks

[lrprn]

Ok, I won't say anything about your trying to file Ch 13 on your own....just sorry to see that like 99% of everyone who tries it, you've had problems with your forms that are forcing you to do an amended plan.

If you are amending your plan now before the next confirmation hearing, then I'm thinking you should be able to include the 2003 state taxes you owe in it because they existed before you filed. You aren't trying to discharge them, just include paying them through your plan. Taxes are a priority in Ch 13 and will be paid before any other creditors (except your trustee and lawyer, of course ).

As far as the 2006 taxes coming after you filed - first of all, are you certain that you really do owe $5,000? If you are certain you did your taxes correctly, then you can't just not pay the IRS for five years - your wages will be garnished long before that and that will make paying your Ch 13 payments impossible.

Some options to consider are making an offer in compromise, (if you are married) looking at 'innocent spouse', and trying to work out affordable installment payments with the IRS. Have you contacted the IRS yet to see if they are willing to work with you, especially given that you are in a Ch 13 that is taking all your disposable income for years to come?

[CindyLou]

weren't the taxes technically due before you filed? in this case can't they be paid through the plan? you know, you can still see a few attorney's for free consultations which may provide you with the info you need to proceed..

[dizyblond]

Ok, to clarify...

If I am interpreting things correctly, I cannot include these as a priority claim because they were determined after the bk filing date.

- Can I indeed include these as a priority claim? (am I wrong in my interpretation?)
- If I can't list as a priority claim, can I put it in Schedule J and list it in section 13 (Installment payments that are not listed in the plan?)

[CATCHMEIFYOUCAN]

I'm in the same boat, but thank goodness i was able to convert to a chapter 7. Now I've got to work on paying my taxes, and with interest and penalties I too owe a little over $5000.

Best of Luck, CMIYC