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Evaluating Collection Alternatives: Whether To File For Bankruptcy or Request An Offer In Compromise

January 5, 2016 1:33 am Published by

Debt-saddled taxpayers frequently ask their tax advisors whether a Chapter 7 or Chapter 13 bankruptcy or an offer in compromise (“OIC”) is the best option for resolving tax debts. The short answer is, not surprisingly, that “it depends,” because one size does not fit all. Evaluating the alternative that best suits a client’s needs requires familiarity with bankruptcy law, tax procedure, and evolving case law involving the overlap of the two. This article explores the considerations that inform the choice between seeking a bankruptcy or an OIC as a means of resolving tax debts.1