Legal Question in Tax Law in California

Can I BK unfiled taxes

I have taxes from the early 1990's that I want to BK 7. The Feds claim I did not file 1992, 1993 and they filed a substitute for return. I did file them. The FTB shows that I did file those returns with them. Since the Feds and the FTB regulary share information with each other, for the purpose of Bankruptcy, can we argue that the returns were filed and Feds just lost these returns??


Asked on 3/30/05, 8:07 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Can I BK unfiled taxes

you will need evidence that you filed the returns - copies of the returns, cancelled checks for the amounts paid with the returns, or some other evidence. to verify that the irs records are as they have represented, request a transcript the irs.

however, my experience is that it not advisable for taxpayers to attempt to deal with the government directly. in addition the law and rules relating to bankruptcy and tax issues associated therewith are complex and full of traps for the unwary.

you retain a qualified bankruptcy attorney assisted by a qualified tax attorney.

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Answered on 3/31/05, 6:13 pm


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