IN RE FRETZ

No. 00-13404.

244 F.3d 1323 (2001)

In Re: W. David FRETZ, Debtor. United States of America, Plaintiff-Appellant, v. W. David Fretz, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 23, 2001.


Attorney(s) appearing for the Case

Bruce R. Ellisen, John A. Dudeck, Jr., Rachel J. Wollitzer, U.S. Dept. of Justice, Tax Div., Washington, DC, for Plaintiff-Appellant.

J. Patrick Darby, Bradley, Arant, Rose & White, LLP, Birmingham, AL, for Defendant-Appellee.

Before EDMONDSON, CARNES and MARCUS, Circuit Judges.


CARNES, Circuit Judge:

This appeal brings us the issue of whether a debtor's intentional failure to file tax returns and to pay taxes owed to the Internal Revenue Service ("IRS") is sufficient, even without any supporting affirmative conduct, to show that he "willfully attempted in any manner to evade or defeat [a] tax," within the meaning of the non-discharge provision contained in 11 U.S.C. § 523(a)(1)(C), which is...

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