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One crucial thing that hasn't been mentioned - check your tax transcript! You can get this free online at the IRS website. Look for Transaction Code 971 with "Bankruptcy Discharge" noted. If that code appears for the tax years in question, print multiple copies as evidence. If it doesn't appear, that might be the root of your problem - the IRS system may not have properly recorded your discharge. Also, under bankruptcy law, the IRS can audit/review/assess taxes for previously unfiled returns even after discharge. Make sure you're not dealing with a different tax year or unfiled return that wasn't included in the original bankruptcy.

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Andre Dubois

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That's really helpful. I just checked our transcripts online and I do see code 971 with "Bankruptcy Discharge" for the tax years we included in our filing. So their system does show it was discharged, yet they're still trying to collect. This makes the levy notice even more confusing!

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This confirms that you have a strong case! The fact that their own system shows the discharge means you're dealing with a disconnect between their main records and their collection department. When you file your Collection Due Process request (Form 12153), include printouts of these transcripts showing the 971 code. Also specifically request in writing that your case be reviewed by the Insolvency Unit, not just the general Appeals office. This is the department that specializes in bankruptcy cases and will immediately recognize the error when they see the transcript with the discharge code alongside your levy notice.

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The IRS bankruptcy procedures are so messed up. I work in an accounting office and see this more than you'd think. Here's what usually happens: 1. Bankruptcy gets discharged properly 2. IRS central records note the discharge correctly (code 971) 3. But the collection system operates semi-independently 4. During system updates/migrations, the collection flags sometimes get dropped 5. Automated collection systems start up again even though central records show the discharge This isn't legal, but it happens due to their antiquated computer systems. The fastest resolution is usually getting someone from the Insolvency Unit to manually re-flag your account as discharged in both systems.

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Dylan Cooper

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Is there any way to prevent this from happening? My bankruptcy was just discharged last month and included some IRS debt. Now I'm worried this will happen to me in a few years!

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Unfortunately there's no foolproof way to prevent it, but you can take some proactive steps. First, keep detailed records of your bankruptcy discharge paperwork and store copies in multiple places. Second, check your IRS tax transcripts annually online to make sure the 971 codes are still showing for your discharged years. If you notice the discharge codes disappear from your transcripts, contact the Insolvency Unit immediately before any collection notices start. Also, if you move addresses, make sure to file Form 8822 with the IRS so they have your current contact information - sometimes people miss early warning letters because they moved and the IRS doesn't have updated addresses. The key is catching it early before it gets to the levy stage. Most of these system glitches can be fixed quickly if you catch them when they happen rather than waiting until collection enforcement begins.

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Ryan Young

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Just wanna mention - my ex and I alternated years claiming our kid when we were dealing with student loans and MFS. So one year she'd claim the kid, next year I would. Our tax guy said this was totally fine as long as we both agreed and it helped maximize our refunds over time. Maybe that's something to think about for future years?

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Sophia Clark

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That doesn't work for married couples still living together. The IRS has specific tiebreaker rules, and alternating years is only really an option for divorced or separated parents with custody agreements.

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Lilly Curtis

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Based on your situation, you should almost certainly claim your child on your return rather than your wife claiming him. Here's why: With your income at $16,000 and your wife's at $105,000, you're in a much better position to benefit from the Child Tax Credit. For married filing separately, the Child Tax Credit begins phasing out at $75,000 of adjusted gross income, so your wife would still get the full credit, but you're so far below that threshold that you'd definitely get the maximum benefit. More importantly, with your very low income, you might also qualify for the Additional Child Tax Credit (the refundable portion), which could give you money back even if you don't owe any taxes. This is huge when your income is this low. Also consider that you took unpaid leave specifically to care for your child - this strengthens your position as the primary caregiver from the IRS perspective, which matters for the dependency claim. I'd strongly recommend using tax software to run both scenarios (you claiming vs. your wife claiming) to see the actual dollar difference, but in most cases with this large of an income gap, the lower-income spouse claiming the child results in significantly better overall tax benefits for the household.

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Norah Quay

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I've been through this exact situation twice in the past three years, and it's always nerve-wracking when you're counting on that money! Here's what I've learned from experience: The federal holiday will definitely push your deposit to the next business day - in your case, June 23rd. The ACH network doesn't operate on federal holidays, so even though the IRS has scheduled your DD for the 22nd, the actual transfer can't complete until banking resumes. One thing that really helped me was calling my bank directly to ask about their ACH processing schedule. Some banks will actually show you pending deposits 24-48 hours before they post, which can give you peace of mind that the transfer is in the system even if it hasn't hit your account yet. Your cycle code 20242205 is actually pretty standard for this time of year, so there's nothing unusual about your processing timeline. The Treasury Department doesn't have alternate procedures for holidays - they follow the same ACH rules as everyone else. My advice: plan for June 23rd (or Monday June 26th if the 23rd falls on a weekend) and don't schedule any automatic payments for the original date. I learned that lesson the hard way with overdraft fees! The money will definitely come through, just with the standard holiday delay.

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Honorah King

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Thank you so much for sharing your real-world experience with this! It's really reassuring to hear from someone who's actually been through this situation multiple times. The tip about calling your bank to check for pending deposits is brilliant - I never would have thought of that approach. I'm definitely going to give them a call tomorrow to see if they can provide that visibility. Your point about not scheduling automatic payments is spot on too. I was actually considering setting up a bill payment for the 22nd, but after reading all these responses, I'm definitely going to wait until after the 23rd to be safe. Better to be cautious than deal with overdraft fees! Really appreciate you taking the time to share such detailed advice.

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Paolo Longo

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I just went through this same scenario in April when my DD was scheduled for Good Friday. The deposit didn't show up that day, but appeared in my account the following Monday (since the weekend pushed it further). What really helped me was setting up account alerts with my bank so I'd get a text notification as soon as any deposit posted. That way I wasn't constantly checking my balance and stressing about it. One thing I wish someone had told me is that the "Where's My Refund" tool won't update to show the holiday delay - it'll still show your original DD date of June 22nd even though the actual deposit will be delayed to the 23rd. Don't panic if the tool doesn't reflect the change, that's totally normal. Also, if you're with a credit union or smaller bank, they might be more flexible about posting deposits early or providing better visibility into pending transactions. Larger banks tend to stick strictly to the business day rule. Either way, your money is definitely coming - just plan for the 23rd instead of the 22nd and you'll be golden!

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Great question, Diego! I went through this exact situation last year. Your wife's real estate professional status definitely allows you to deduct the full $23,400 rental loss against your ordinary income on a joint return. One important thing to keep in mind beyond what others have mentioned - make sure you're tracking not just her property management hours, but also any time she spends on your personal rental property (showing units, coordinating repairs, reviewing financials, etc.). All of this counts toward her real estate activities. Also, consider whether you want to make a grouping election under Reg. 1.469-9 to treat all your rental properties as a single activity. This can be beneficial if you have multiple rentals or plan to acquire more in the future. You make this election by attaching a statement to your tax return. The $23,400 loss will reduce your taxable income dollar-for-dollar, which at your income level could save you around $5,600-$6,100 in federal taxes alone (depending on your effective tax rate). Don't forget about state tax savings too if you're in a state with income tax. Just make sure to keep detailed records of her hours - a simple spreadsheet with dates, activities, and time spent is usually sufficient. The IRS scrutinizes real estate professional claims closely, so good documentation is your best protection.

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This is incredibly helpful, Eleanor! I hadn't heard about the grouping election before - that sounds like something we should definitely consider. We're actually looking at potentially buying another rental property next year, so treating them as a single activity could be really beneficial. Quick question about the documentation - should my wife be logging her hours daily or is a weekly summary sufficient? And for the time she spends on our rental property specifically, does things like researching comparable rents or reviewing utility bills count toward those hours? I want to make sure we're capturing everything we're legitimately entitled to include. Also, do you happen to know if there's a deadline for making that grouping election, or can we make it whenever we file our return?

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Great questions, Lucas! For documentation, I'd recommend daily logging if possible - it's much more defensible during an audit than trying to reconstruct weeks later. Even just a quick note on your phone or a simple app works. Weekly summaries can work too, but make sure they're detailed enough to show actual activities performed. Absolutely yes on researching comparable rents and reviewing utility bills - those are legitimate rental management activities! Also include time spent: reviewing tenant applications, coordinating maintenance, analyzing cash flows, researching local rental markets, communicating with contractors, and any property-related correspondence. The key is that it needs to be directly related to the rental activity. Regarding the grouping election deadline - this is crucial timing! The election must be made by the due date (including extensions) of the return for the first year you want it to be effective. So if you want it to apply to your 2024 return, you need to make the election when you file that return. You can't go back and make it for prior years, and once made, it's generally binding for future years unless you get IRS permission to revoke it. Since you're considering another property purchase, I'd definitely recommend making the election on your 2024 return. It gives you much more flexibility in how losses and income flow between properties. Just attach a statement to your return describing the activities you're grouping together. @Eleanor Foster - thanks for bringing up the grouping election point, that s'such an underutilized strategy!

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NebulaNinja

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Just wanted to add a practical tip from my experience - make sure you're also aware of the depreciation recapture implications when you eventually sell the rental property. While being able to deduct the full $23,400 loss against ordinary income is fantastic now, any depreciation you've claimed over the years will be subject to recapture at up to 25% when you sell. This doesn't change the fact that claiming the loss now is still beneficial - the time value of money means getting the tax savings today is worth more than paying recapture later. But it's good to plan ahead and maybe set aside some of those tax savings for the eventual recapture bill. Also, since your wife qualifies as a real estate professional, you might want to consider whether it makes sense to accelerate any planned repairs or improvements this year to maximize your current year deductions. Things like new flooring, appliances, or HVAC systems can often be fully deducted under Section 199A or through bonus depreciation rules. One last thing - if you're in a high-tax state, the state tax savings from this loss deduction could be substantial too. In states like California or New York, you could be saving an additional $2,000+ on state taxes alone from that $23,400 loss.

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Emma Garcia

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This is really excellent advice about planning ahead for depreciation recapture! I hadn't fully considered that aspect. Quick question though - when you mention accelerating repairs or improvements, how do we determine what qualifies as a deductible repair versus a capital improvement that needs to be depreciated? For example, we're planning to replace some old carpet and repaint a few rooms after our current tenant moves out. Would those typically be deductible repairs, or would they be considered improvements? I want to make sure we're categorizing everything correctly to maximize our current year deductions while staying compliant. Also, regarding the Section 199A deduction - does that apply to rental income even when we're showing a loss for the year? I'm still trying to understand how that interacts with the real estate professional rules.

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CosmicCadet

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Just want to add - make sure to request a "penalty abatement" when you finally reach the IRS! If this is your brother's first time missing a payment deadline for the 2290, the IRS has a "First Time Penalty Abatement" policy that can remove those extra charges. Sounds like the $42 might include penalties and interest that could potentially be removed.

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This is spot on! I got a penalty abatement on my 2290 last year. Just make sure your brother doesn't have any other penalties in the last 3 tax years or they'll deny it. You literally just have to say "I'd like to request a first-time penalty abatement under the IRS First Time Abatement Policy" when you talk to the agent.

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Serene Snow

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I went through almost the exact same nightmare with my delivery business last year! The key thing that saved me was understanding that CP504B notices are often generated automatically even after you've paid, especially with Form 2290 where there can be significant processing delays. Here's what worked for me: Don't try to make another payment until you confirm whether your September payment was actually processed. Call the Practitioner Priority Service line at 866-860-4259 early in the morning (around 7 AM) - this line typically has shorter wait times than the main taxpayer assistance line. When you do get through, ask them to do a "payment tracer" on your September payment. They can tell you exactly where that money went and whether it was applied correctly. In my case, the payment had been received but was sitting in a suspense account because the reference information wasn't complete. Also, definitely get that authorization form from your brother ASAP. The IRS won't discuss anything without proper authorization, and you're wasting time on calls where they can't help you without it. The CP504B is scary but you typically have at least 30 days from the notice date before any actual levy action, so you have time to sort this out properly rather than panic-paying.

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Mason Lopez

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This is really valuable advice! I had no idea about the Practitioner Priority Service line or payment tracers. Quick question - do I need any special credentials to use that priority line, or can anyone call it? The name makes it sound like it's only for tax professionals. Also, when you say "reference information wasn't complete" on your payment, what exactly was missing? I want to make sure I have all the right details when I finally get through to someone. We included the notice number and my brother's EIN when we sent the September payment, but maybe we missed something else?

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