The thing is, you aren't allowed to pick and choose which creditors you want to include in your BK filing and which ones you don't want on there. If you have a debt and you don't know the amount, you can just put $1.00 and let them figure it out and file a claim. Then you can get those returns completed and amend your schedule, or whatever you have to do. But I think to leave them off is a serious mistake that is going to cause you more grief.
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Tiger, First a technical issue. I received your post at my email, but not on this site. Maybe there's a way of sending things which I'm not familiar with.[they also said my sign-in didn't work]
I appreciate your input a great deal. What I'm concerned about is having someone like the Franchise Tax Board -- which is apparently only interested in collecting monies these days-- all of a sudden determine tax indebtedness which I maybe don't think I have. I really don't want an influx of mail here from the Franchise Tax Board because I put them on the matrix.
I would prefer to file with them first, where they owe me a refund (which they'll never pay), or whatever, before they start assessing and filling out my return themselves. I don't want them to fill out my return.
However, you do raise a very important issue. I think that if the governmental agency has to determine your tax, they can only use the standard deduction.... )itemized is not possible)
I will tell you that this lawyer guy --Jim-- seemed to react exactly as you. It wasn't a matter of having BK protect me from penalties... It was sheerly a matter of reporting accurately to the trustee your situation. He insisted upon this. But what is to come back to haunt me? I don't get it. If I owe the taxes, I will owe the taxes regardless of the BK forms. I will have time to contact a decent CPA who knows how to report them. If listing them doesn't protect me in any way, and I say that I don't even know that I owe them, what benefit is this to list them. From what I just heard from my neighbor, the Franchise Tax Board is just waiting (in these hard economic times) to issue you a bill.
Do bear in mind, I'm saying I don't know whether I have ANY tax liability. And the State Board already grabbed $1500 from me, only for unfiled return, I didn't owe them anything. Do I really want to set these entities in motion against me by putting them on the matrix when I have no idea what will result? I'm not sure I owe them anything. [How are they "holding a claim"?]
Thanks as always. gf
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Yeah, I know, I fought the CA Franchise Tax Board for several years after I moved to Texas. I filed a partial year return that year, and they went so far as to file a tax lien against me for the remainder of that year. I finally got it resolved WITH a letter of apology from Sacramento if you can believe it.
The thing is, if they make a tax liability determination after you file BK, you have other means to dispute that with them. In fact, marking the claim as disputed on your schedule when you file it is the first most important step in that, so long as there is no intent to defraud anybody or appearance of such.
I think, although I am not positive, that if you are owed a refund, there is a SOL of three years to claim it anyway. The only scenario in which I can imagine the government not contacting you if you haven't filed is if they think they owe you money. In which case, adding them to your BK will have been unnecessary, but simply a prudent measure on your part.
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Tiger et.al. Thanks for the reply.
I stopped by " We the People". I met a woman who is a BK preparer for $199. If I needed a lawyer it would be $1200 (putting aside court fees). They are no longer "We the People" but "The Document People". FORGET THEM.
Next door was H&R Block, so I stopped in; Even though I don't credit those people with any standing on anything. They just happened to be there. I have an appt' with them Friday. I'm not sure what I seek to accomplish with them. He is just an "EA" Not a CPA, not an attorney. [I] doubt anything interesting will come from this. But he did say I must fill out the returns blah blah, for which I doubt that he's accurate.
I started working for the US Census Bureau today. So, my time is compromised. I can't make calls and visit whomever. It' only till wed.
I'm going to find out what I need to do with these old tax issues. Yeah, Ok, if I owe them money fine. This guy from H&R was saying I need to file all the old CA forms even if I owe nothing. [I don't believe him.]
So, I'm trying to sort this stuff through.
I think if I had a clever, or knowledgeable, CPA/ attorney all this would be over.
That's where I am today. gf
Thanks for being there.
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