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Does anyone know if filing bankruptcy discharges IRS debt?

568 Views 3 Replies 3 Participants Last post by  Heart.Revolution
Our bankruptcy lawyers office said it does but I'm reading in places online that it doesnt. We filed a no assets Ch 7 (mostly for outrageous medical bills due to my stepson develpoing a chronic illness.)

In 1999, I filed my 1998 taxes as a single parent who did in home daycare. I got audited and the IRS asked me for proof/reciepts for my income from my little in home daycare - I dont remember but I'm thinking my income was like 16000.00, if that. Anyhow, at the time I was involved with an abusive man. We had a major altercation and I packed up my children and left him. He ended up destroying the things I left behind, including all of my daycare reciepts.

So, I was not able to "prove" to the IRS that I actually made this money, to get my refund and EIC money. They ended up telling me that I owed like $8000.00
I never understood how, if I couldn't prove that I made the $$ and deserved my refund and EIC money, how they could then prove that I owe them the money from my earnings which I couldn't prove??? And certainly how could a person who made like 16000.00 doing in home daycare owe 8000.00?
:

I was much younger and dumber than and more stressed out and I tried to argue with them, but what did I know? I just ignore them after a while, what were they going to do? I had no money, no assets, not even a bank account....
So, all this time the money and interest has been adding up. I've since remarried and when we've filed taxes, they have taken out a chunk every year of what I owe them and give my husband some little refund since he files "innocent spouse." However, this has always really s*cked because we have been raising 7 kiddos and the EIC $$ would have been soooooooooo helpful every year.

Anyhow...does anyone know if bankruptcy wipes out this kind of IRS debt? The people at the bankruptcy attorney's office always seemed a bit flakey but they assured me a couple of times that it would be wiped out.
I can't remember the last time I've received a bill or anything from the IRS, its been probably 2 years.
I am thinking about calling them. I hate to even start talking to them again though. I wish there was info on their website where I could put my ss# in and it would tell me if I owe them money without me having to call them.
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Bankruptcy does not discharge IRS debt, nor student loans.
The fact that your lawyer, who specializes in bankruptcy, claims not to know that seems very odd. Maybe he tells people that so they will go ahead with their bankruptcy and he will get their business.

Ask him what he's talking about and check around for a different lawyer.
Quote:

Originally Posted by traceface
Bankruptcy does not discharge IRS debt, nor student loans.
The fact that your lawyer, who specializes in bankruptcy, claims not to know that seems very odd. Maybe he tells people that so they will go ahead with their bankruptcy and he will get their business.

Ask him what he's talking about and check around for a different lawyer.
Hi!
Thanks for answering. After I posted this, I started feeling really anxious and I broke down and called the IRS. Ch 7 does discharge some IRS debt, it has to meet 5 conditions....
When You Can Discharge a Tax Debt
You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:

~The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy.
~You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help.
~The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy.
~You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy.
~You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)

I think there is alot of confusion out there about this subject!
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I am trying to work though all this as well. We really need to make our back taxes go away some how and try to keep current. The IRS does not offer any help. They just call to harass and make me have a bad day.
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