Legal Opinion

In re: Kevin Wayne Martin Susan Martin

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 17, 2015No. BAP EC-14-1180-KuKiTa; Bk. 11-62436; Adv. 12-01131PublishedCited by 7 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge:

INTRODUCTION

When is a tax return not a tax return? According to an increasing number of courts, including some courts of appeal, the answer is: when the tax return, otherwise wholly compliant with applicable tax laws, is filed a second (or more) late. Ac cording to these courts, by way of the 2005 Bankruptcy Code amendments, Congress intended to make a substantial and exceptionally harsh change to nondischargeability law by adding a hanging paragraph at the end of 11 U.S.C. § 523(a) 1 defining the term “return” to exclude any taxpayer filing that does not wholly…

2Cases cited24 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  4. Dewsnup v. TimmSupreme Court of the United States · 1992
  5. Gleason v. ThawSupreme Court of the United States · 1915

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3Cited by7 opinions

  1. Dennis Berkovich v. California Franchise Tax BoardCourt of Appeals for the Ninth Circuit · 2021
  2. In re McCarthyUnited States Bankruptcy Court, D. Massachusetts · 2016
  3. California Franchise Tax Board v. BerkovichUnited States Bankruptcy Court, C.D. California · 2020
  4. Cortez v. U.S. Internal Revenue ServiceDistrict Court, E.D. California · 2024
  5. Golden v. United States of America (Internal Revenue ServiceUnited States Bankruptcy Court, E.D. California · 2022

2 more not listed; retrieve them via the Exa API.

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