United States Third Circuit

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In re: Giacchi, 15-3761

In an appeal involving the issue of whether Internal Revenue Service Forms 1040, filed after the IRS has made an assessment of the taxpayer's liability, constitute 'returns' for purposes of determining the dischargeability in bankruptcy of tax debts under 11 U.S.C. section 523(a)(1)(B), the district court's judgment affirming the bankruptcy court's order denying discharge of years covered by the 1040s is affirmed where: 1) debtor's belated filings after assessment are not an honest and reasonable effort to comply with the tax law under the Beard test and, as such, the filings do not constitute returns; and 2) because debtor's tax debts for tax years 2000, 2001, and 2002 are debts for tax obligations for which no return was filed, the debts are not dischargeable in bankruptcy pursuant to 11 U.S.C. section 523(a)(1)(B).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/08

Judges

  • ROTH

Court

  • United States Third Circuit

Counsel


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