Discharging Taxes: The 240-day rule - Orange County
The tax in question must have been assessed more than 240 days prior to the bankruptcy (plus any period of time during which an offer incompromise was pending, plus 30 days). An amended return, an examination of a return, or an audit may trigger a new or second assessment showing an increase in the tax claim.
If any of these events occur, the subsequent audit assessment triggers a new 240-day period applicable to the increase in the tax assessment. The original portion of the tax, if dischargeable prior to the audit, would still be dischargeable.
Christopher G. Carmona CPA,CFE
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