The tax filing deadline approaches. So why is a bankruptcy lawyer talking about taxes? I’ve found over three decades as a bankruptcy lawyer that there’s a surprising degree of overlap between bankruptcy and tax . All too often, it’s tax troubles that brings a family to me for help. Here’s my two cents on what […]
How Consumer Remedies Were Gutted By Little- Noticed Tax Code Changes
Tax code changes effective in 2018 inflicted a crippling blow to consumers who must sue to enforce their rights. And few have yet noticed. The tax deduction for miscellaneous itemized deductions under IRC Section 212 is gone. So now, consumers who prevail under statutes that award attorneys fees to the successful plaintiff are denied a […]
The Tax Deduction No One Tells You About
Did you file Chapter 13 to save your house from foreclosure? Making payments to the trustee to catch up on the mortgage? If you haven’t claimed a tax deduction for the bankruptcy plan payments that go to the lender, you’re leaving money on the table. That’s money that fattens Uncle Sam’s coffers at the expense […]
How Guarantors Can Escape Tax On Soured Debt
Tax lawyer Bill Purdy and I shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of […]
The One Person You Must Tell About Your Bankruptcy
Most people who file bankruptcy don’t want anyone else to know. Some of my clients try to hide their break for financial freedom from friends and neighbors. Others are worried about their boss finding out. Occasionally, someone will try to keep it from their mate. But trying to hide his bankruptcy nearly cost one client […]
Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong
Tax attorney Bill Purdy says: don’t take IRS form 1099 at face value. Hundreds of thousands of taxpayers at this moment are looking at, or thinking about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many […]
The Flat Wrong 1099
When her soon-to-be-ex filed bankruptcy, my client got a 1099-C for the joint credit card. The form claimed that the debt was cancelled. Therefore, she had additional income equal to the card balance. Only, none of the statements on the 1099 were true. The debt wasn’t discharged as to the non filing spouse. One spouse’s […]
Don’t Let The IRS File A Return For You
Bankruptcy works lots of magic with tax debt, but the magic fizzles out when it comes to SFR’s. In my vocabulary, SFR is almost as doleful a phrase as KIA or DOA. Three times in 10 days, I’ve had to explain to clients that the taxes associated with an IRS Substitute For Return are […]
Find The Lost Tax Deduction When Lender Misreports Mortgage Interest Paid
How can you pay thousands of dollars in mortgage payments in a year, and get a tax Form 1098 for a fraction of actual mortgage interest paid? That’s what my client wanted to know. His monthly mortgage payment is $2715. The loan is currently interest only. All the payments were made. And yet, the Form 1098 […]
If The IRS Comes Calling After Your Bankruptcy Discharge
It’s scary, or infuriating, when the IRS continues to try to collect taxes discharged in bankruptcy. What was the point of filing bankruptcy if the government ignores your discharge? Yet IRS attempts to collect taxes from people with a bankruptcy discharge form the single largest group of cases in my law office today. Why the […]
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