Can IRS debt be discharged iankruptcy?

UPDATED: Nov 21, 2013

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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


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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