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Different kind of Tax question

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    Different kind of Tax question

    I filed my tax return on 2/1. I filed Ch. 7 on 3/11. My tax return showed that I was due about $1800. I owed back taxes in the ballpark of $1400. I expected a $400 refund once the IRS deducted the back taxes. I put all of this in the appropriate place on the Bankruptcy Schedules.

    I used the wildcard and unused homestead exemptions on the $200 bucks in my checking account and the full $1800 tax refund. The form said to not deduct prior claims so I exempted $1800 instead of the $400 that I expected to get. I did note on the other schedule that the IRS was due back taxes of $1400.

    Today I just checked my account and $1450 was deposited into my checking account by the IRS. I called to make sure that they didn't forget to take out the back taxes and the woman told me that $1400 went to back taxes and the remaining $1450 went into my account. I have no clue what I did wrong on the tax return.

    My question is this: What do I do now??? It looks like I lied on the forms but the copy of my tax return will prove what I submitted. Do I need to notify the trustee ahead of time? Do I bring it up at the 341?

    What do I do with the money?
    Under any other circumstance this would look like a "in the nick of time" good fortune kind of thing. I just found out Monday that I don't have enough money for Summer School. I was supposed to graduate in the fall. The 1450 is exactly what I need to pay for Summer School and finish on time. The catch is that the money is due when I register next week and my 341 isn't until mid April. I exempted $1800. Can I use it? I'm sure that would look very shady to a trustee.

    Help!

    #2
    If you exempted $1800 then you get to keep $1800. The trustee takes the rights you have - if you have a $1400 setoff then you don't have the right to that $1400 no matter what you do, which means the trustee can't get it either. Because of that, your tax return could have been $3,200 with $1,400 to the IRS and $1,800 for you.

    --William
    I am an attorney, but I am just not your attorney.
    As such, any statement is not intended to create an attorney/client relationship.

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      #3
      You should fill out a 4506-T to get your full transcripts and see what you submitted to the IRS. I don't understand your issue.
      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

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