Can IRS debt be discharged iankruptcy?

My boyfriend was told that he can use bankruptcy to get ahead of his IRS. He’s been paying on a $60,000 debt for the past three years. Things have gotten financially overwhelming for him and he’s considering bankruptcy to deal with his IRS debt,

Asked on November 21, 2013 under Bankruptcy Law, New Jersey

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

The answer to your question is a definite Maybe.  The dischargeability of tax debts in bankruptcy is goverened by several factors.  Most important is the nature of the tax sought to be discharged.  Is it 1040 taxes?  Were the tax returns filed on time? Were there any allegations of fraud or concealment of income at the time that the tax liability was assessed?  Many facts govern the answer to your question and my only advice would be to consult with a knowledgable bankruptcy attorney for advice. DO NOT ATTEMPT THIS PRO SE.  The IRS will object and without an experienced advocate, you will lose.


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