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I'm currently in the process of filing an amended return for my wife, for the 2013 tax year. Previously the IRS had sent her a notice of additional tax due because of cancelled debt. We paid it without knowing about insolvency rules. She was definitely insolvent that year so we're amending the return to hopefully get that money back.
I sent a 1040X to the IRS and now they are asking for an insolvency worksheet. I have no problem filling it out, but I don't know what the event date is from the 1099-C since the creditor never sent it to us (and they want assets/debts from the exact day before).
Are there any creative ways to find that date, such as from a credit report or calling the IRS (since they obviously received it)? I don't want to contact the original creditor since there is an existing judgement, and their collection time allowed by law is about to expire.
I would ask the IRS for a copy of the form.
The creditor should have sent a copy both to you and the IRS.
As for contacting the creditor, since they apparently have voluntarily cancelled the debt, there would no longer be any enforceability of a judgment on the debt.
I dont see that they would have any legal basis for obtaining any extension on the enforceability of a judgment on a debt then have cancelled.
I'll probably take the IRS route, but I was hoping there was something faster. I don't know the exact rules on the deadline for filing amended returns, such as if I only need to initially file and additional paper work could be submitted beyond the 3 year deadline. The original was filed sometime between Jan-Apr of 2014, so that could be coming up quick (and the IRS sending me anything in the past has always taken a long time).
As for the creditor, the debt is a grey area for us. There was more than one account, the debt was from a divorce, so I don't have any information on the specifics (both the 1099-C and judgement happened without notice or her knowledge). We're in a much better position than we were years ago. We have good credit now and almost all of the old stuff has expired or been paid. This is one of the last, and I don't want to "wake the beast" and cause more problems from lack of knowledge about them.
In case this helps anyone else: I found a quick way to retrieve the date. You need to log into the online transcript service from the IRS and review your wage and income transcript. This type of transcript can only be reviewed online, not requested by mail (the two that can be requested by mail don't include the date).
@dudeman27 wrote:In case this helps anyone else: I found a quick way to retrieve the date. You need to log into the online transcript service from the IRS and review your wage and income transcript. This type of transcript can only be reviewed online, not requested by mail (the two that can be requested by mail don't include the date).
GLad to hear that you were able to get the date (from the online system). Congrats on your progress with getting some of your monies back.