MATTER OF HARPER

No. 76-1202.

580 F.2d 165 (1978)

In the Matter of Dr. Clarence Herman HARPER, d/b/a Jackson & Harper, M.D. (a partnership) d/b/a Jackson & Harper, P.A., Bankrupt. Clarence Herman HARPER, Appellant, v. DISTRICT DIRECTOR OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1978.


Attorney(s) appearing for the Case

W. J. Jacques, Jr., Waycross, Ga., for appellant.

R. Jackson B. Smith, Jr., U.S. Atty., Henry L. Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appeals Section, Karl Schmeidler, Libero Marinelli, Jr., Attys., Tax Division, U.S. Dept. of Justice, Washington, D.C., for appellee.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.


GEE, Circuit Judge:

Decision of this appeal requires us to determine whether, for purposes of the Bankruptcy Act, an income tax return filed more than two and one-half years late qualifies as "a return required by law." We conclude, for reasons which follow, that although the law certainly requires that returns be filed even though tardy, the portion of the Act concerned is properly to be read as referring to returns filed in reasonable compliance with the law. We...

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