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· 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 CourtListener

Sourced 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.