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San Diego Discharge of Tax in Bankruptcy Lawyer

It is not commonly known that taxes can be dischargeable in a chapter 7 bankruptcy, but there are several specific criteria that must be met in order to determine the dischargeability for each tax year for which a balance is due.

The criteria are as follows:

  1. At the time the bankruptcy petition is filed, the due date of the tax return must be three years prior to the filing date;
  2. The time the bankruptcy petition is filed, the tax return must have been filed by the taxpayer more than two years prior to the filing date;
  3. 240 days must have elapsed subsequent to the assessment of the tax;
  4. There can be no evidence of willful evasion of the payment of tax; and
  5. There can be no evidence of fraud in the preparation of the tax return.

The interpretation of these criteria requires a complex and extensive analysis, and I have encountered success in obtaining discharge of millions of dollars in tax.

Client Reviews
★★★★★
David has been my attorney for several years and has helped me walk through major life changing situations with compassion and understanding and good legal and personal advice. My IRS debt is about a thing of the past and my state tax is now handled as well. I can recommend Dave for his tax and legal expertise.
★★★★★
When I contacted David Greenberg, I owed the IRS over $150,000 and he was able to help me have those payments discharged. I am forever thankful. David is always there for me when I call and I have referred him to friends who have also hired him with excellent results. I can't say enough wonderful things about Mr. Greenberg and his staff. John
★★★★★
He is a super big help with tax problems. He is very informative, knows exactly what to do & when. He is also sympathetic & understanding; knows what to say to calm all fears & worries. Furthermore, he works his hardest to ensure comfortable payment plans or alternative discount methods to ease any financial obligations. He is a great asset to those in need of tax resolutions. Debbie
★★★★★
What can I say about David other than he is a genius and knows his tax law. In 2009 I was hit extremely hard by the financial meltdown. I contacted David to help my wife and I through a personal bankruptcy and a 6 digit IRS Tax Lien. He was wonderful to work with and walked us through the whole process. The biggest hurdle was the IRS Tax debt. What an amazing job David performed. It took some time, as he said it would. The IRS agreed to an Offer and Conpromise and forgave 97% of the debt. I would highly recommend David Greenberg for any Tax or Bankruptcy issues. He is amazing. Fred
★★★★★
Attorney David Greenberg, assisted me with a tax issue and kept the IRS from just randomly taking money while resolving the issue. He is polite,attentive and willing to help his clients. I wholeheartedly recommend David Greenberg, for any tax issues you may be facing. Anthony
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