Neal Swanson - Page 19

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               A purpose of the return requirement in 11 U.S.C. sec.                  
          523(a)(1)(B) is to prevent a debtor who has ignored the filing              
          requirements from escaping liability for unpaid taxes through the           
          debtor’s own misconduct.  In re Hindenlang, 164 F.3d 1029, 1032             
          (6th Cir. 1999); In re Bergstrom, 949 F.2d 341, 342 (10th Cir.              
          1991).  This corresponds with the principle that “‘good faith and           
          candor are necessary prerequisites to obtaining a fresh start.’”            
          In re Hindenlang, supra at 1032 (quoting In re Zick, 931 F.2d               
          1124, 1129 (6th Cir. 1991)).  The preparation of an SFR by the              
          Commissioner is a simple administrative step which allows the               
          assessment and collection process to begin.  If an SFR                      
          constitutes a “return” within the meaning of 11 U.S.C. sec.                 
          523(a)(1)(B), then the result of completing this administrative             
          procedure effectively would be to excuse a nonfiling taxpayer               
          from his own deliberate misconduct.  This interpretation would              
          render 11 U.S.C. sec. 523(a)(1)(B) a nullity.  In re Pruitt, 107            
          Bankr. 764, 766 (Bankr. D. Wyo. 1989).                                      
               The term “return” is not defined in the Bankruptcy Code.  In           
          defining the term under 11 U.S.C. sec. 523(a)(1), other courts              
          have looked to the Internal Revenue Code and cases decided by               
          this Court for assistance.  See, e.g., In re Hatton, supra at               
          1060; In re Hindenlang, supra at 1032; In re Bergstrom, supra at            
          343.  Section 6020 specifically discusses returns prepared for or           
          executed by the Secretary, but neither that section nor any other           






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