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IN RE WEINTRAUB

Bankruptcy No. 01-09839-6J7, Adversary No. 01-00251.

290 B.R. 410 (2002)

In re Bernard Abraham WEINTRAUB, Debtor. Bernard Abraham Weintraub, Plaintiff, v. Internal Revenue Service, Defendant.

United States Bankruptcy Court, M.D. Florida.

December 19, 2002.

Attorney(s) appearing for the Case

David R. Grace, Lake Mary, FL, for Debtor.

Robert E. Thomas, Winter Park, FL, Chapter 7 Trustee.

MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT BY THE UNITED STATES

KAREN S. JENNEMANN, Bankruptcy Judge.

In its motion for summary judgment and reply (Doc. Nos. 9 and 15), the United States argues that the debtor's tax liability for the years 1992 and 1993 should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(1)(B)(i) because the debtor's late filed Forms 1040 were not "returns" within the meaning of section 523.

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