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May 15, 2011 By Stephen Kass

Tax Discharge in New York Bankruptcy

Game News reported March 28, 2011, in “Trip Hawkins in serious shizzle over $20m tax bill” that the founder of Electronic Arts was rejected by a federal judge when he tried to use personal bankruptcy to cancel more than $20 million of federal and state tax obligations.  The gaming giant is responsible for mega-blockbusters like Mass Effect, Crysis, the Battlefield franchise, the Sims, and Medal of Honor.  Electronic Arts recently moved to a 7,000 plus office space in 1515 Broadway.  Apparently the founder used “abusive tax shelters he used to shield vast profits from Electronic Arts, the pioneering video gaming firm he founded nearly three decades ago.”  Though he knew he was in tax debt, he continued to spend money extravagantly.  He is now the CEO of mobile game firm Digital Chocolate.  In 2006, he and his wife filed for bankruptcy, claiming assets of $5 million compared to liabilities of $28 million, the majority of which was tax debt.  From the bankruptcy, the couple obtained a general discharge of their debts, but the US tax agencies prevented them from avoiding tax liabilities under a provision of bankruptcy law that prohibited the discharge of tax debts if the debtor “willfully attempted in any manner to evade or defeat such tax.”

Generally income taxes aren’t dischargeable and must be paid regardless of bankruptcy, unless the tax return was due over 3 years ago, the tax return was filed at least 2 years ago, and the Internal Revenue Service (IRS) hasn’t issued any income tax assessment within 240 days before a bankruptcy filing.  Filing for does not automatically allow a person to get out of tax debt.

For the individual, Chapter 7 provides for full discharge if the tax debt is an allowable debt. Chapter 13 provides a payment plan to repay some debts, with the remainder of debts discharged. Most likely in a repayment plan, the individual debtor will be required to pay tax debt as a priority.

Tax debts are associated with a particular tax return and tax year. To get tax debt discharged in bankruptcy, the New York debtor must show that the debt is too old:

  • Due date for filing a tax return is at least three years ago. The due date includes any extensions.
  • Tax return was filed at least two years ago.  The time is based on the date the taxpayer actually filed the return.
  • Tax assessment is at least 240 days old.  The IRS determination must be final.
  • Tax return was not fraudulent
  • Taxpayer is not guilty of intentional tax evasion

Consult an experienced New York tax attorney for advice on whether bankruptcy is an option when behind on tax debt.

Filed Under: Bankruptcy

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I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

Sean

Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

Vivian

I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

Alexandra

Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

John

I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

Victor

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