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All this tax talk has me wondering

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    #16
    Originally posted by LuciluS View Post
    So to say a Tax Return is based on Under or Over Withholding Taxes is Incorrect.
    I wasn't attempting to break down over/under withholding to the exact area which dont' count. I was making a general statement. The only income which doesn't count, as I wrote above, are SSA benefits and the earned income credit. Otherwise, it is over/under-withholding regardless of whether it's from real estate taxes, un-reimbursed employer expenses, medical expenses, sales / local tax withholding, or anything else on Schedule A.

    Your case is different as you have SSA benefits in there that are clearly and noted that are "not" income for purposes of the Bankruptcy Code. I was writing about pure over/under-withholding which is usually not from the "excluded" amounts.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      Originally posted by stressedNC View Post
      Thanks! My lawyer never mentioned it being counted I just read on here a few people waiting until Sept. because of refunds putting them over the median and I got nervous. Our lawyer knew how close we were to the median and never mentioned it so it probably isn't included. I will double check on Monday just the same.

      BTW If anyone has any experience in the Western District of NC with this and would care to share that would be great!
      Thanks!
      It's not income in the Western District of NC, at least my lawyer said it wasn't
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #18
        Originally posted by JRScott View Post
        It's not income in the Western District of NC, at least my lawyer said it wasn't
        Thank you!

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          #19
          I wonder if it's because North Carolina is one of the rogue States when it comes to the U.S. Trustee program. (North Carolina and Alabama.)
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #20
            A few observations on filing in Western District of NC...

            The tax refund issue discussed here. Refunds are not income, apparently... I also have noticed the car ownership expense deduction on 22A. I have an old Nissan pickup, 1995, 275K miles. It was listed under ownership and operation. I questioned the lawyer about that, she said, yes locally that is accepted.

            Could be that because we are rogue in respects to the UST... I don't know. I just know a lot of the things I lost sleep over for a month never came up in filing of our case. Granted I just filed this past Friday so we'll see what issues if any come out of it all.
            07/31/2009 - Filed Chapter 7 Western District NC
            09/02/2009 - 341 Meeting - DONE!
            11/02/2009 - Final date for objections
            11/09/2009 - Discharged & Closed!!!

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