IN RE RUSHING

Bankruptcy No. 97-00611-BHC-EWH. Adversary No. A97-00076.

273 B.R. 223 (2001)

In re Billy D. RUSHING, Debtor. Billy D. Rushing, Plaintiff, v. United States of America, Defendant.

United States Bankruptcy Court, D. Arizona.

July 10, 2001.


Attorney(s) appearing for the Case

Kenneth E. Moyer, Wachtel, Biehn, & Malm, Lake Havasu City, AZ, for debtor.

Paul K. Charlton, United States Attorney, Phoenix, AZ, Jennifer A. Giamo, Trial Attorney, Tax Division, United States Department of Justice, Washington, DC, for defendant.


MEMORANDUM DECISION

EILEEN W. HOLLOWELL, Bankruptcy Judge.

This matter comes before the court on the I.R.S.'s motion for summary judgment in the Debtor's adversary complaint to determine the dischargeability of a tax debt under 11 U.S.C. § 523(a)(1). At issue is whether tax returns ("1040s") submitted by a debtor after the IRS has prepared a substitute return and assessed a deficiency are a returns within...

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