IRS wants back taxes from 05, BK DIS 2006??

[highhopes]

filed BK7 (PRO SE) in 10/2005, discharged in 2/2006 received a letter from the IRS in 2/2007 that I owed 5k on a 401k I received 4/05. Sent proof that the amount of 401k recieved was wrong, so now the amount the IRS says I owe has been adjusted to 1k. But I filed BK7 in 05. I dont have the money to pay them anything.

I am in GA, do I have to re-open my BK to include them?

[JRScott]

The tax debt would have been to new under the bankruptcy laws to have been discharged.

Your best bet would be to call up the IRS and set up some kind of payment plan. Sorry that I don't have better news.

Reopening your bk will not solve this problem.

[CityGirl]

If you filed BK and have it discharged, should you not have disposable income now to pay it? They DO take payments and will base it on your income.

filed BK7 (PRO SE) in 10/2005, discharged in 2/2006 received a letter from the IRS in 2/2007 that I owed 5k on a 401k I received 4/05. Sent proof that the amount of 401k recieved was wrong, so now the amount the IRS says I owe has been adjusted to 1k. But I filed BK7 in 05. I dont have the money to pay them anything.

I am in GA, do I have to re-open my BK to include them?

[HHM]

Re-opening the BK won't help, it sounds like the tax debt you owe fits in the "non-dischargeable" category. You have 2 options, (1) try to work out a payment plan, (2) do an offer in compromise (but since the amount is only $1,000, I am not sure an offer in compromise is even an option).

[spell]

If I read your dates correctly, you hadn't even filed taxes for 2005 when you filed your bankruptcy.
Too bad about the 401k withdrawl. If you'd paid for whatever happened with a cc instead, you'd still have the 401k money and have gotten rid of the cc debt.

But that tax debt would have been too new to have been discharged in 05. It has to be at least 3 years old, and filed correctly in the first place. Neither of which was true.

[CindyLou]

If your other taxes are up to date then you can simply refile the corrected taxes for that year and include a payment plan for up to 36 months for the amount. It is not income based and it automatically accepted. Again, it is only available is everything else is good with the IRS and you are not currently in a repayment plan. Now, the offer in compromise is what is income based and that is a much different process and in some cases even much worse than a chapter 13 in terms of what budgets are accepted .....

As far as what you owe the IRS in this case. I'm thinking WORSE case scenario and thinking that even with interest and penalties you could be looking at maybe 1800.....just a wild guess....which would put you at about 50 bucks a month. Don't put it off. Give them a call and try to resolve it. Did they give you an asessment date? If you don't answer by that date that is when they will start their processes to collect their money...