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CH39.TXT
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1993-11-17
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WIPE OUT IRS DEBT
Many people are under the mistaken impression that
debts to the Internal Revenue Service cannot be wiped
out through bankruptcy. This was true before 1966, but
in that year the law changed and Congress enabled
unfortunate taxpayers to rid themselves forever of
unpayable debt and thus get a new financial start in
life.
In order to use this law, certain rules must be
followed very carefully:
1) An income tax return must be filed.
2) The return must be filed at least three years
before the bankruptcy petition is filed.
3) At least two years must pass before this
petition is filed if the tax return was filed late.
The three-year rule cannot be shortened to two years by
filing the return one day late. You must comply with
both the three- and two-year rules.
4) You must wait 240 days from the date the taxes
are assessed before filing for bankruptcy; these 240
days allow the IRS time to try to collect any taxes it
says are due.
5) Fraud must not be involved.
Even if no returns have been filed, there is still
a solution through bankruptcy, for tax debts can be
discharged under Chapter 13 even when no return is
filed, the return is filed late, or even if fraud is
involved, so long as the debtor acts in good faith in
making the bankruptcy petition. Chapter 13 is the
"wage-earner" plan, which allows installment payments
to be made for 3 years, after which all remaining debts
are discharged.