Expert: Mark J. Markus- California Bankruptcy Attorney - 5/28/2008

Question
We are above-median, and from what I understand, you are supposed to enter your actual taxes incurred (as opposed to total withholding, particularly if you get a refund) on the means test.  How would I figured out what that number is?  I know I could use last years tax return numbers, but so far this year I no longer have any expenses to write off my self-employment\1099 income (which is a very small  portion of my overall income..most of it is  a regular salaried job), thus my tax obligation should higher than it was last year.  Will the US Trustee just take our overall income and multiple it by out tax bracket (like 15%) and divide by 12?

Answer
This is a great question, and I wish I could give you a definite answer, but I can't.  The answer varies greatly from jurisdiction to jurisdiction and there just is no correct answer.  In your case, I would use whatever the taxes were supposed to be withheld based on the income received during the relevant 6-month period on the means test form, but you should check with counsel in your area.