I have already had my 341 mtg. on Nov. 15th and am waiting for the discharge. I separated w/my husband before filing Chapter 7. About $1500.00 is owed in taxes from 2004. I know this cannot be discharged because it is not over 3 years old. My question is... will I be eligible for a tax refund for 2005 or will they take any money due to me because of the 2004 taxes? I'm thinking they could take it from me OR the ex-hubby. Probably whomever files first since. Since we filed joint last year, BOTH of our names are on the "you owe the IRS bill". The IRS obviously doesn't "split" up payments just because you are separated. Somebody has gotta pay. So who pays and what about a possible refund??
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Your question can be answered by calling the IRS. I'm not joking, either. They are friendly and they won't put you on some list somewhere. Just call and ask. 1-800-829-1040.Filed Chapter 7, 8/16/05, 341 10/12/05
Discharged 2/16/06, Case Closed 3/8/06
FICA Score (Equifax) as of 10/13/06 - 645
(It was 506 on 10/12/05)
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I had some back taxes and they did take it from a refund that followed a year later... so it is possible.State: MI
Filed: 09/09/05
341 Meeting: 10/19/05 - DONE - My Experience
Last Day For Objections: 12/19/05
Case Closed: 01/13/06 (Friday The 13th!)
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They will take it from your refund. They will take it from both. My thought was that they would split it or take all of both and make you file a form to get whatever percentage over 50% you paid. Remember that it is no longer the amount you were short last year...penalties and interest have been added. Calling the IRS is a good idea. Do it this month. Starting next month their phones get buiser and busier and it geets difficult to get through. Art
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