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IRS Offer in compromise :: and bankruptcy?

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quest42

Member
What is the name of your state?What is the name of your state? CA

My financial life has been a disaster since a layoff and divorce in 1998.

I have tax debts from 1998 as well as 2000 (not yet filed) 2001 and 2002 (filed but not yet paid) with a total liability over $50,000 -- Federal and State (CA).

I again lost a job in 2000 and took money out of a 401k to pay debts and expenses (yeah, that was really a stupid thing to do!) Last year, I paid tax and the small refund was applied to my tax debt. I have been unemployed and working part-time, doing temporary work, with unpredictable income, averaging under $1,000 per month, since 2002... barely surviving, with insufficient income and assets to pay debts.

I filed a Chapter 7 bankruptcy (pro-se) in October with a large tax liability and $50k consumer debt... and had my 341 meeting two weeks ago -- the trustee reported no assets to distribute. My deadline for objections is mid-January, 2006.

I have no money to pay an Enrolled Agent or Tax Attorney... so I am going to have to do all this pro-se, by myself... but have plenty of time to devote to it.

I am in the process of getting my records together so I can file all my Federal and State tax returns in December.

Meanwhile, here are some of my questions:

1. Is anybody willing to share personal experiences about an IRS Offer In Compromise done with or without professional help?

2. Can I do an Offer-In-Compromise (OIC) while I am in bankruptcy, or must I wait for my discharge?

3. Should I file an Adversary Complaint in Bankruptcy court to get a judge's determination on the dischargeability of my tax debts? I was assessed over $50,000 taxes, but did not yet file for 1998 and 2000.

Any suggestions?
 


rezguy

Member
You have many issues going here that IMHO behoves trying to find an Enrolled Agent or BK lawyer who will work with you on payments.

Here's a good article http://www.taxhelpers.com/tax-collections-1.html that will answer a few questions. You will need to file your taxes first prior to seeking BK discharge on them if they are even allowable/dischargeable.

An OIC would probably only be considered if you are insolvent and taxes considered uncollectable in the near future. If all info is correct you sound like you are a good candidate. HTH Good Luck
 

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