Regarding IRS audited for alimony deduction in 2008 and possible bankruptcy
Asked on Nov 10th, 2011 on Bankruptcy - New Hampshire
More details to this question:
My alimony deduction included court ordered attorneys fees that I now find out are not deductible? If I go the route of bankruptcy due to other debt when does the 240 day waiting periiod come into effect? When filed or the date I acknowledge this debt to the IRS?
I'm going to take a leap here and guess that your question is regarding dischargeability of taxes. Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days.
The only way to determine the date taxes were assessed is to obtain a record of account transcript from the taxing agency. Also, a little known fact, but the 240 period is really 270 days.
Tax dischargeability is very complex. You should consult with a knowledgeable bankruptcy attorney in your area.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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