Скачать или смотреть Can bankruptcy eliminate unpaid income taxes?

Olsen on Law Radio show is the longest continuously running legal talk show in the country and the world. Attorney Tom Olsen started doing his radio show in June of 1986.

Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or [email protected]. Tom has been answering legal questions on his radio show for 29 years and has been practicing law in Orlando, Florida for over 30 years.

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Attorney Tom Olsen: My guest today is Atty. Jim Monroe. He is a bankruptcy attorney. Jim, let's talk about income taxes. Way back in the day I remember as a young lawyer, I found it hard to believe that you could wipe out unpaid income taxes through bankruptcy. In fact that is the case.

Jim Monroe: That is the case but they have to meet certain criteria. Number one, the taxes have to be due and own more than three years prior to the filing of the bankruptcy. Number two, the tax return itself has to be filed more than two years prior to filing the bankruptcy. It has to be assessed, that's number three, by the IRS more than 240 days prior to filing the bankruptcy and of course you cannot be a tax protester or someone who has defrauded the federal government in an attempt to avoid paying your income taxes. You have to be an honest taxpayer who just couldn't pay the taxes because of economic circumstances.

Attorney Tom Olsen: Let's say that years ago somebody did not file a timely tax return or if they never filed a tax return for a particular list, say 2006. Let's just say they came to you and said, “Now, Jim, I want to get square with the IRS. Now, I want to go back and file a late return for 2006.” Could they do that then wait a couple years of filed bankruptcy to wipe out those taxes?

Jim Monroe: That is a tricky issue. In some jurisdictions you can do that; in other jurisdictions you can't. In the Middle District of Florida, so far, if somebody has a tax return more than two years old before they file a bankruptcy even for very delinquent taxes, most of the time they'll say yes.

Attorney Tom Olsen: All right. Jim Monroe bankruptcy attorney here to lend us his expertise.

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