- 4 - reflect any abatement of penalties that were assessed against the Debtor. Consequently, all account balances shown for each year commencing in 1989 through the year 1997 are incorrect. On January 23, 2002, the Appeals officer replied to petitioner’s January 14, 2002, letter. The Appeals officer’s letter stated: You also stated that penalties discharged in bankruptcy were not credited. I have consulted with one of the local Bankruptcy Specialists who has advised me that the penalties in your client’s case were not dischargeable. Taxes will not be dischargeable if the due date for a tax return is within 3 years of the bankruptcy petition date. Also, when a case converts from Chapter 11 to Chapter 7, it carries the same original petition date. Although, according to the dates in your letter, your client’s bankruptcy converted to Chapter 7 in 1996, the petition date for purposes of determining dischargeability goes back to the original filing in 1991. Accordingly, my determination, at this time, would have to be that the balances shown due are correct. If I have misstated or misunderstood either the facts or the law relating to some aspect of this matter, please correct me and provide a citation that supports your position. I will certainly reconsider all of this if my analysis is not consistent with the facts and law. If you wish to explore payment options, I can assist you in that matter. Options may include either an installment payment agreement, an offer in compromise or, possibly, a suspension of collection action pending an improvement in your client’s financial situation. Form 656 is enclosed for your use and information. In that booklet you will also find financial statements (Forms 433-A&B). If anything other than a short-term payment plan is sought, your client will have to submit the appropriate financial statement in support of the proposal they wish to make. I am faxing this letter to you this morning. The original will be in the mail along with the Form 656.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011