[CLBS] Exemption Question
Aaron Tolson
ajt at aaronjtolsonlaw.com
Thu Apr 4 15:28:07 MDT 2019
I tried this a few years ago to Judge Pappas. Brad & Tami Egbert. Judge
in his written opinion considered it an "interesting" argument but found
that when a debtor's money goes into the yawning maw of a state tax
authority, it is commingled and thus untraceable when it comes back to
debtors so the exemption was not allowed. My case was a refund from
California to a doctor though so you might generate more sympathy n your
case.
On Tue, Apr 2, 2019 at 2:58 PM Robert Maynes <rmaynes at maynestaggart.com>
wrote:
> Dear Listmates,
> Debtor has a retirement annuity that withholds income tax. She now has a
> sizable refund—traceable to the retirement. Can I exempt the refund? Any
> case law to support your opinions?
> Kindest regards,
> Rob
>
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Aaron J. Tolson
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