IN RE PAYNE

No. 05-1941.

431 F.3d 1055 (2005)

In re: John Howard PAYNE, Debtor-Appellee. Appeal of: United States of America.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 2005.


Attorney(s) appearing for the Case

Kenneth L. Greene, Ellen P. Delsole (argued), Department of Justice, Washington, DC, for United States of America.

S. Ira Miller (argued), Chicago, IL, for Debtor-Appellee.

Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.


POSNER, Circuit Judge.

The question presented by this appeal is whether a debtor may obtain a discharge in bankruptcy from a tax debt owed to the Internal Revenue Service if he failed to file a return until after the IRS assessed the tax that he owed. The bankruptcy judge, seconded by the district judge, answered yes, and the government appeals.

Payne filed no federal income tax return for 1986 until 1992, which was of course too late. In 1989, however, the...

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