· 5/4/2006
In Re: Gary Wayne Colsen, Debtor. Gary Wayne Colsen v. United States of America, (Internal Revenue Service)
Citations
- 446 F.3d 836
- 56 Collier Bankr. Cas. 2d 19
- 97 A.F.T.R.2d (RIA) 2333
- 2006 U.S. App. LEXIS 11039
- 2006 WL 1169573
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court’s inquiry was limited to an examination of whether the tax forms themselves—regardless of when filed—were filed in good faith
- holding that a court’s inquiry was limited to an examination of whether the tax forms themselves—regardless of when filed—were filed in good faith
- noting that the “information contained in the [debtor’s Form 1040s] was honest and genuine enough to result in thousands of dollars of abatements of tax and interest” and that the “IRS apparently ha[d] found [the] post-assessment returns useful”
- document’s contents, not timeliness, determined what constitutes a “return” for discharge purposes
- “The government’s position is that the debt for the 1992-1996 tax years is nondischargeable ... for Colsén’s failure to file ‘returns’ .... The burden of proof in this action is on the United States.”
- considering face of the documents only
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Gruender, Wollman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.