So I’m sharing in case anyone else finds this helpful. I knew that some tax debt was eligible for discharge under Ch7 and that there were some pretty technical requirements for the look back. Tbh my original thought was to let the bk play out and then file an OIC with the IRS. Well, the other day I logged into my IRS account to grab some historical data, and my outstanding debt from tax years 2012, 2016, and 2019 (I believe) had been discharged. I didn’t get a letter from the IRS, no one said anything to me, it just went through. I went from owing about $7500 to ~$250. So, the moral of the story is check your IRS balances and make sure you’re getting what the law gets you! (I was pro se or else I’m sure an attorney would have told me to expect this).
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While this is good news, I tend to doubt the 2019 tax obligation was discharged. One of the prongs of the discharge test is that the tax must be at least 3 years old when the case is filed. Taxes owed for 2019 were not due until at least April, 2020. As a result, the 2019 tax year does not become 3 years old until April, 2023 (October, 2023 if you requested an extension).
Once your discharge is entered it may take the IRS 90 or more days to update its records.
Des.
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