IN RE HAAS

No. 93-6820.

48 F.3d 1153 (1995)

In re: Bernice Elizabeth HAAS; Thomas Milton Haas, Debtors. Thomas Milton HAAS; Bernice Elizabeth Haas, Plaintiffs-Appellants, v. INTERNAL REVENUE SERVICE; United States Small Business Administration; Secor Bank, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 30, 1995.


Attorney(s) appearing for the Case

Lawrence B. Voit, Silver & Voit, Thomas G.F. Landry, Mobile, AL, for appellants.

Gary R. Allen, Chief, Edward T. Perelmuter, Loretta C. Argrett, Billie L. Crowe, William Estabrook, Appellate Section, Tax Div., Dept. of Justice, Washington, DC, for appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and HILL, Senior Circuit Judge.


BIRCH, Circuit Judge:

In this case, we decide whether a debtor "willfully attempt[s] in any manner to evade or defeat [a] tax," for the purposes of 11 U.S.C. § 523(a)(1)(C), when the debtor intentionally fails to pay taxes for which he or she properly filed tax returns and acknowledged were owed to the Internal Revenue Service ("IRS"). The district court determined that such conduct was tax evasion; consequently, it ruled that such taxes are nondischargeable...

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