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Tolling of the Tax Lookback Period for Discharge of Tax Debt in Bankruptcy

In Bankruptcy, tolling by Jason Freeman and Katie ManworrenLeave a Comment

The recently-decided case of Tenholder v. United States addresses how certain actions on behalf of a taxpayer to prevent collection of an unpaid tax can impact the taxpayer in unexpected ways. The case discusses the tolling of the three-year statutory lookback period for purposes of discharging debt in bankruptcy because the taxpayer filed a request for a collection due process (CDP) …

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Taxes and Bankruptcy: IRS-Prepared Substitute Returns

In Bankruptcy, Uncategorized by freemanlawdevLeave a Comment

A taxpayer filing for bankruptcy with unfiled tax returns faces potential pitfalls. In order to ensure that a debtor’s federal tax liability is discharged in the bankruptcy, the potential bankruptcy debtor must know and comply with the requirements of the circuit where the debtor will file their bankruptcy petition. The recent case of In re Forrester demonstrates several of the …