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 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 The Collection Process income Tax Accounts written by United States. Internal Revenue Service and published by . This book was released on 1978 with total page 4 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 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Internal Revenue Service Issues written by United States. General Accounting Office and published by . This book was released on 1992 with total page 40 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 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 Collection Appeal Rights written by and published by . This book was released on 2000 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Broke written by Katherine Porter and published by Stanford University Press. This book was released on 2012-01-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: About 1.5 million households filed bankruptcy in the last year, making bankruptcy as common as college graduation and divorce. The recession has pushed more and more families into financial collapse—with unemployment, declines in retirement wealth, and falling house values destabilizing the American middle class. Broke explores the consequences of this unprecedented growth in consumer debt and shows how excessive borrowing undermines the prosperity of middle class America. While the recession that began in mid-2007 has widened the scope of the financial pain caused by overindebtedness, the problem predated that large-scale economic meltdown. And by all indicators, consumer debt will be a defining feature of middle-class families for years to come. The staples of middle-class life—going to college, buying a house, starting a small business—carry with them more financial risk than ever before, requiring more borrowing and new riskier forms of borrowing. This book reveals the people behind the statistics, looking closely at how people get to the point of serious financial distress, the hardships of dealing with overwhelming debt, and the difficulty of righting one's financial life. In telling the stories of financial failures, this book exposes an all-too-real part of middle-class life that is often lost in the success stories that dominate the American economic narrative. Authored by experts in several disciplines, including economics, law, political science, psychology, and sociology, Broke presents analyses from an original, proprietary data set of unprecedented scope and detail, the 2007 Consumer Bankruptcy Project. Topics include class status, home ownership, educational attainment, impacts of self-employment, gender differences, economic security, and the emotional costs of bankruptcy. The book makes judicious use of illustrations to present key findings and concludes with a discussion of the implications of the data for contemporary policy debates.
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 A Summary of Bankruptcy Law written by M. Jonathan Hayes and published by Createspace Independent Publishing Platform. This book was released on 2016-12-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a short but thorough summary of consumer bankruptcy law. As said by chapter 7 Trustee Wes Avery, "Professor Hayes explains very nicely the technical and complex language of the Bankruptcy Code and Rules in plain English." The book is intended to be a practical, but sufficiently theoretical guide to the nuts and bolts of bankruptcy. It provides the basics to the lawyer or law student new to bankruptcy. The book is supported with 403 footnotes which focus largely on the 9th Circuit and California Law.
Download or read book The New Bankruptcy written by Cara O'Neill and published by Nolo. This book was released on 2023-12-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you're unsure which bankruptcy chapter is right for you, The New Bankruptcy can help. This guide explores all debt relief options, including determining whether you can resolve financial problems without bankruptcy and the pros and cons of Chapters 7 and 13 when a bankruptcy filing makes sense. For instance, you'll learn that Chapter 7 will do the following: eliminate credit card balances, utility bills, and more protect property needed to work and live, and provide debt relief without requiring you to repay creditors. Chapter 13 bankruptcy involves a three- or five-year payment plan that will allow you to: catch up on a house or car payment pay off an overdue tax or support balance, and pay an amount you can afford on other debts, such as credit cards and student loans. Also, this guide includes an online companion page with downloadable worksheets and easy-to-use charts, as well as a sample bankruptcy filing on the latest official legal forms.
Download or read book Farmer s Tax Guide written by and published by . This book was released on 1998 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook for Chapter 13 Standing Trustees written by and published by . This book was released on 1998 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
