Download or read book Discharge of Late Tax Return Debt in Bankruptcy written by Timothy M. Todd and published by . This book was released on 2019 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current majority rule for handling the discharge of tax debt related to a tardily filed tax return is severely distorted and antithetical to sound bankruptcy and taxation policy. For years, it was established law that bankruptcy could discharge stale tax debts. Indeed, the Bankruptcy Code provided a clear and workable standard that delicately balanced the interest of the government as creditor, the debtor's need for a fresh start, and the interest of the general unsecured creditor. This system used a series of timing rules that allowed stale tax debts to be discharged and allowed the government to collect "fresh" tax debts post-bankruptcy.The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ushered in many consumer bankruptcy reforms. One of those changes regarded how courts were to treat substitute returns prepared by the Internal Revenue Service ("IRS") when a taxpayer failed to file any tax return. However, that targeted legislative patch has been incorrectly applied to any and all late tax returns -- even if the tax return is filed only one day late -- to preclude forever a discharge for that tax debt. This result is a radical sea change in bankruptcy law that is wrong and needs to be remedied.This Article demonstrates four problems with the majority rule. First, the majority rule violates principles of statutory construction. Second, the effects of the rule are exacerbated in state jurisdictions that do not have substitute return provisions. Third, the majority rule violates the principle that courts do not effect major bankruptcy changes without clear legislative command. Fourth -- and perhaps most troubling -- is that the majority rule now decouples tax priority and discharge.This Article therefore provides both legislative and judicial solutions to solve these problems. In particular, this Article advances a better, more workable judicial test -- the indispensable element test -- to determine whether a late tax return complies with the current statutory elements for bankruptcy discharge.
Download or read book Bankruptcy and Other Debt Cancellation written by United States. Internal Revenue Service and published by . This book was released on 1989 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bankruptcy and Insolvency Taxation written by Grant W. Newton and published by John Wiley & Sons. This book was released on 2005-05-13 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thousands of mergers, acquisitions, and start-ups that have characterized the past ten years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Bankruptcy and Insolvency Taxation, Third Edition provides the answers to the questions financial managers will have on the tax aspects of the "bankruptcy strategy."
Download or read book Tax Issues in Bankruptcy and Debt Restructuring written by Robert Nichols and published by . This book was released on 1991 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tax Aspects of Bankruptcy Law and Practice written by C. Richard McQueen and published by McGraw-Hill Companies. This book was released on 1994 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discharging Taxes in Bankruptcy written by Morgan D. King and published by . This book was released on 1995 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Surviving Debt written by and published by . This book was released on 2021 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Tax Withholding and Estimated Tax written by and published by . This book was released on 1999 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Logic and Limits of Bankruptcy Law written by Thomas H. Jackson and published by Beard Books. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of the fundamentals of bankruptcy law.
Download or read book Tcl Tk in a Nutshell written by Paul Raines and published by "O'Reilly Media, Inc.". This book was released on 1999-03-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tcl language and Tk graphical toolkit are simple and powerful building blocks for custom applications. The Tcl/Tk combination is increasingly popular because it lets you produce sophisticated graphical interfaces with a few easy commands, develop and change scripts quickly, and conveniently tie together existing utilities or programming libraries.One of the attractive features of Tcl/Tk is the wide variety of commands, many offering a wealth of options. Most of the things you'd like to do have been anticipated by the language's creator, John Ousterhout, or one of the developers of Tcl/Tk's many powerful extensions. Thus, you'll find that a command or option probably exists to provide just what you need.And that's why it's valuable to have a quick reference that briefly describes every command and option in the core Tcl/Tk distribution as well as the most popular extensions. Keep this book on your desk as you write scripts, and you'll be able to find almost instantly the particular option you need.Most chapters consist of alphabetical listings. Since Tk and mega-widget packages break down commands by widget, the chapters on these topics are organized by widget along with a section of core commands where appropriate. Contents include: Core Tcl and Tk commands and Tk widgets C interface (prototypes) Expect [incr Tcl] and [incr Tk] Tix TclX BLT Oratcl, SybTcl, and Tclodbc
Download or read book Tax Issues in Bankruptcy and Insolvency written by Willard D. Horwich and published by Civic Research Institute, Inc.. This book was released on 2004 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book IRS Practice and Procedure written by Michael I. Saltzman and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 13 Bankruptcy written by Cara O'Neill and published by Nolo. This book was released on 2024-06-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stop creditors and get more time to pay. Filing for Chapter 13 bankruptcy stops creditors, lawsuits, wage garnishments, bank levies, and other collection actions immediately, giving you time to restructure your debts. Yes, you’ll pay into a three- or five-year repayment plan in Chapter 13. But your money will go toward the debts that matter most—like your mortgage, car loan, support obligations, and taxes. Remaining debts, such as credit card, medical, and utility bills, usually receive only a fraction of what you owe. Also, Chapter 13 offers unique debt solutions not available in Chapter 7, sometimes making Chapter 13 the better choice even for those who qualify for Chapter 7. For instance, only in Chapter 13 can filers do the following: keep all property avoid foreclosure and vehicle repossession pay the fair market value for a car, and in some cases, eliminate a junior mortgage loan. This plain-English Chapter 13 guide covers the Chapter 13 process from start to finish, explaining how to determine if you qualify for Chapter 13, what’s required to catch up on your mortgage and keep your home, and how to rebuild your credit after bankruptcy. You’ll also learn more about the following: how much you’ll pay in a repayment plan which debts get erased when the case ends, and how to find and hire the right lawyer The revised edition explains where to find legal updates, bankruptcy forms, and state-specific information.
Download or read book Reports of the United States Tax Court written by United States. Tax Court and published by . This book was released on 2003 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
