Legal Question in Bankruptcy in California

Including IRS back taxes in a bankruptcy?

Need to know if back taxes that are owed to the Federal Government can be claimed in a chaper 7 bankruptcy?


Asked on 5/27/02, 3:57 pm

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Including IRS back taxes in a bankruptcy?

I believe you meant to ask if taxes can be discharged in bankruptcy. The answer depends on the type of taxes involved (e.g. income, trust fund, excise, etc.), and numerous other factors including the date the returns were due to be filed, whether the returns were timely filed, and if not, when, and other considerations. I somewhat specialize in this area, so you may wish to visit my webpage and review the information on tax dischargeability under the Chapter 7 link and then give me a call. Regards, Mark

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Answered on 5/27/02, 4:03 pm
Charles Shamash Caceres & Shamash, LLP

Re: Including IRS back taxes in a bankruptcy?

Need more information and analysis, taxes can be dischargeable in bankruptcy chapters 7 adn 13 under certain criteria.

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Answered on 5/27/02, 4:30 pm
Victor Hobbs Victor E. Hobbs

Re: Including IRS back taxes in a bankruptcy?

Whether the taxes owed are taxes you owe as income taxes, or taxes that you took from the public or employees. And are holding in trust for the government. If it's simply your income taxes that are owed these may be discharged. You do have to wait a certain number of years after filing the tax return before discharging them. The IRS and State have a period of time to try and collect them. the last tiemI researched this was a number of years ago, and I believe it was three eyars. But I'm not certain about that. If the State has filed a tax lien against real property that you owe. The research that I've done indicates these liens are not dischargable. Trust money held for the government is not dischargeable.

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Answered on 5/28/02, 9:51 am


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