IN RE HINDENLANG

No. 97-4321.

164 F.3d 1029 (1999)

In re William C. HINDENLANG, Debtor. United States of America, Appellant, v. William C. Hindenlang, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1999.


Attorney(s) appearing for the Case

Robert W. Metzler (argued and briefed), Kenneth L. Greene (briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, D.C., for Appellant.

William B. Fecher (argued and briefed), Alan J. Statman (briefed), Reisenfeld & Statman, Cincinnati, Ohio, for Appellee.

Before: DAUGHTREY and MOORE, Circuit Judges; COHN, District Judge.


OPINION

MOORE, Circuit Judge.

William C. Hindenlang, a Chapter 7 debtor in bankruptcy, seeks to discharge certain federal tax liabilities under 11 U.S.C. § 727. The United States argues that Hindenlang falls under the exceptions to discharge provision in 11 U.S.C. § 523(a)(1)(B), which prohibits discharge of taxes for which the debtor did not file a return. Here, Hindenlang filed Forms 1040 only after the Internal Revenue Service ("IRS") had calculated...

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