Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?
My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?
A: Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.
Peter Maurice Lively agrees with this answer
A: Yes you need to file and those assessments are not dischargeable. Check with counsel in your jurisdiction before you file
A: You need to be careful. You cannot file bankruptcy for two years after you file the returns. You may be better off consulting with a tax attorney first. You may be able to get an offer in compromise or some other type of collection alternative. It is usually better to work in conjunction with a tax attorney in this type of situation. Most of us offer a free consultation and can do them over the phone or via skype. Just stay away from the places you see advertised on TV.
A: I agree with my colleagues. They have provided good information for you. I also urge you to speak directly to a bankruptcy attorney in your area if you are contemplating bankruptcy to deal with the taxes or with other debt.
A: Yes. File the returns and contact a tax attorney ASAP.
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