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2008 tax audit filing chap 7 this week..help!

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    2008 tax audit filing chap 7 this week..help!

    hi all
    im gonna file a chp 7 this week. my ? is.. i was audited for 2008 and rcvd notice frm the irs dec 2009. i didnt hv part time job w2 when i filed and didnt get around to ammending it. is there anything special i can do or any specificc forms i need 2 file to attempt 2 get the back taxes discharged? its around 2300. i know i need 2 list it on the schedules but is there anything else? or do i assume the trustee knows i want it discharged??
    thanks for any help.

    #2
    I don't think taxes can be discharged. I hope iI am wrong, but I don't think I am. If I am wrong please correct me.

    Comment


      #3
      Taxes can be discharged, but because this was assessed in 2009, it doesn't fix the 240 day requirement or the 3 year limit in order to discharge the debt. Basically, a 2008 tax can't even begin to be eligible for discharge until April 16, 2012. That's because you count 3 years from the last date that you could pay it without penalty (due April 15, 2009 so 3 + 2009 is 2012).

      Also, I don't believe you were audited at all. The system just caught what they call underreporting. If you were audited, it would be very very different!

      So, based on the information you provided, your 2008 taxes are non-dischargeable and are not eligible for discharge until April 16, 2012. By then the IRS would have levied your accounts and garnished your wages. They are usually very good at this.
      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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