tax return

Federal bankruptcy and appeals courts have become confused about what a tax return is for bankruptcy discharge purposes. A recent decision has taken the position that a return is not a return when it is filed late. Thus, income tax does not qualify for discharge in bankruptcy when the tax return is filed after the […]

  The law is clear that bankruptcy will only discharge income tax for which a return, if required, has been filed. However, Congress for many years left it up to the courts to determine exactly what the word “return” means. Courts have varied their definitions of “return”, with some courts using an objective approach and others applying […]

Bankruptcy can discharge income tax if certain conditions are met.  One required condition is that returns must have been filed.  Some bankruptcy courts have recently taken the position that a return filed after the statutory deadline does not qualify as a return for the purpose of bankruptcy discharge.  The bankruptcy court for the northern district […]