filing tax return

[needafreshstart]

Has anybody had their trustee require them to file their tax return by a certain date. A bankruptcy was filed 12/28/07 and supposedly her trustee required her to file her return by March 1st. I never had this asked of me when I filed so I am wondering if it is true. Thanks in advance.

[DivorceRuinedMe]

Mine didn't ask for it by a specific date either - just said that I had to send a copy and that I couldn't do a rapid refund or spend a dime of it if there was any refund without her say so.

[tallberry]

DivorceRuinedMe, where in FL did you file? Im in FL too and hope I don't get your trustee...sounds like a bit of a stinker!

[magyar123]

Has anybody had their trustee require them to file their tax return by a certain date. A bankruptcy was filed 12/28/07 and supposedly her trustee required her to file her return by March 1st. I never had this asked of me when I filed so I am wondering if it is true. Thanks in advance.

I think that is BS. A trustee can NOT arbitrarily change the required tax filing date. The required filing date is April 15. IRS laws trump a trustee's mandate/order.

[FreshLikeADaisy]

Magyar, I think you're right, but the law itself never stopped anybody from doing anything... only a conscience can do that.

Needafreshstart, personally I think that if that happened to me, I would write a letter, sent certified/ return receipt requested, that said something along the lines of,

"Dear Mr. Trustee, During our [conversation / letter / phone call/ whatever] of [date], you made it clear that you require my 2007 federal tax return to be filed no later than March 1, 2008. As much as I would like to comply with this request, the amount of paperwork and my schedule make meeting this deadline impossible. I will have my taxes filed on or before April 15, 2008; it is my sincere hope that you will allow me this delay. However, if this is unacceptable to you or to the court, please notify me in writing immediately and let me know the reason why. Perhaps some other accomodation can be made. Sincerely, ...."

Basically, this puts the trustee in the position of having to put his money where his mouth is. You are obviously trying to cooperate, the letter is confirmation that he actually requested the arbitrary deadline of you, and if he wants the taxes sooner he has to ask in writing, which you can then deal with... and you've still bought more time.

I wouldn't do this unless I had to, but if your friend really can't file by 3/1 she doesn't have much choice, especially since today is 3/4. I would not let the deadline pass without saying *something*, so as to avoid the appearance of non-cooperation. But if she has an atty, I'm kind of surprised he didn't step in...

Good luck to your friend!

[needafreshstart]

It was for my stbx that supposedly had to file by March 1st, which she supposedly did, according to her attorney. The problem is my attorney and I have been trying to work with them on how to file our 2007 taxes since we are still legally married. We have 3 kids so someone gets 2 deductions and the other will get one, unless we file jointly which is to my benefit. Suddenly yesterday we get a letter that she filed and claimed 2 deductions, and used the reason that her trustee required her tax return to be filed by March 1st. I don't buy it, her 341 was 02/14/08, I could have believed it if it was 30 days after her 341 meeting. So I'm interested if anyone was told they had to have their return by a certain date to the trustee.

[DivorceRuinedMe]

DivorceRuinedMe, where in FL did you file? Im in FL too and hope I don't get your trustee...sounds like a bit of a stinker!

Tampa - Middle District. I remember you saying you are from NPR and I am originally from that area but now live about an hour and a half east near Orlando.

Anyway - I hope you don't get her too - she has been a bit of a thorn, that's fo shizzle! PM if you want more info.... I'm always willing to talk about my bk - helps keep me sane about the whole process.

[tallberry]

Thanks, DivorceRM, I appreciate that and will definitely keep in touch. Sounds like we are in the same boat!

[FreshLikeADaisy]

Aaaaah, that makes a lot more sense now, Needafreshstart. Yeah, I think she's probably blowing smoke. The most I ever hear of is that the trustee tells you up front that he/she wants your *refund*, but so far this is the first I've heard of a trustee setting an arbitrary deadline for filing the taxes themselves.

I'm Middle District too. Good luck to you and DRM too!!!

[tallberry]

Thanks Fresh...I've always followed your postings (knowing you are in my district) and also because I appreciate your "no BS" answers that are sometimes infused with a bit of dry humor :o)