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McKOWEN v. I.R.S.

No. 01-1345.

370 F.3d 1023 (2004)

John Roderick McKOWEN, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, United States Department of The Treasury, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 1, 2004.

Attorney(s) appearing for the Case

Jeffrey R. Davine of Ballard Spahr Andrews & Ingersoll, LLP, Denver, CO (Matthew D. Skeen of Skeen & Skeen, P.C., Denver, CO, with him on the briefs) for Plaintiff-Appellant.

Karen D. Utiger, Attorney (Eileen J. O'Conner, Assistant Attorney General, Richard Farber, Bruce R. Ellisen, and Paula K. Speck, Attorneys, with her on the brief) Tax Division, Washington, D.C., (John W. Suthers, United States Attorney, Denver, CO, of Counsel) for Defendant-Appellee.

Before BRISCOE, ANDERSON and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

John Roderick McKowen appeals the district court's determination that his 1995 bankruptcy proceeding did not discharge his transferee liability for 1987 corporate taxes not paid by his now-defunct business. See McKowen v. Internal Revenue Service, 263 B.R. 618, 619-20 (D.Colo.2001). Exercising jurisdiction under 28 U.S.C. §§ 158(a) & (d), we affirm.

BACKGROUND

McKowen...

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