At page 905 Determining if late tax filings constitute reasonable returns25 citing cases“forms filed after an involuntary assessment do not serve the purposes of the tax system, and thus rarely, if ever, qualify as honest and reasonable attempts to comply with the tax laws.”
- Bryan Starling, No. 13-36564 (Bankr. S.D.N.Y. June 19, 2020).published(We hold then that income tax forms unjustifiably filed years late, where the IRS has already prepared substitute returns and assessed taxes, do not constitute “returns” for purposes of 11 U.S.C. § 523 (a)(1)(B)(i).)
- Perry v. United States, 500 B.R. 796 (M.D. Ala. 2013).published See In re Moroney, 352 F.3d at 906 (“[T]o belatedly accept responsibility for one’s tax liabilities, only when the IRS has left one with no other choice, is hardly how honest and reasonable tax payers attempt to comply with the tax code.”).
- Johnson v. Internal Revenue Serv., No. 21-07009 (Bankr. W.D. Va. May 2, 2022). Pre-BAPCPA Law and BAPCPA Amendments Prior to 2005, neither the Internal Revenue Code nor the Bankruptcy Code defined “return.” In re Moroney, 352 F.3d 902, 905 (4th Cir. 2003).
- Dennis Berkovich v. California Franchise Tax Bd., 15 F.4th 997 (9th Cir. 2021).publishedCode Tax-Gen. § 13-409. 10 14 16 IN RE BERKOVICH Case: 20-1025, Document: 19, Filed: 10/05/2020 Page 11 of 16 Id. (quoting Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir. 2003)).
- In re: Dennis Berkovich & Marina Voloshin, No. CC-20-1025-FLS (9th Cir. BAP Oct. 5, 2020).publishedCode Tax-Gen. § 13-409. 10 Id. (quoting Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir. 2003)).
- Giacchi v. United States of Am. Dep't of the Treasury Internal Revenue Serv., 856 F.3d 244 (3d Cir. 2017).published In re Moroney, 352 F.3d 902, 905-06 (4th Cir. 2003). 14 .
- Fahey v. Massachusetts Dep't of Revenue, 779 F.3d 1 (1st Cir. 2015).published See In re Payne, 431 F.3d at 1057-59 (expressing concern that a chronically delinquent taxpayer was making belated filings to “set the stage” for a discharge in bankruptcy); In re Moroney, 352 F.3d at 905-06 (same); In re Hatton, 220 F.3d…
- Briggs v. United States (In re Briggs), 511 B.R. 707 (Bankr. N.D. Ga. 2014).published See In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir.2000).
- Martin v. Internal Revenue Serv. (In re Martin), 508 B.R. 717 (Bankr. E.D. Cal. 2014).published See United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir.2000); Colsen v. United States (In re Colsen), 446 F.3d 836, 839 (8th Cir.2006); In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); Moroney v. United States (In re M…
- Rhodes v. United States (In re Rhodes), 498 B.R. 357 (Bankr. N.D. Ga. 2013).published In re Payne, 431 F.3d 1055 (7th Cir.2005); In re Moroney, 352 F.3d 902, 905 (4th Cir.2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000).
Show 15 more citing cases
- Casano v. Internal Revenue Serv. (In re Casano), 473 B.R. 504 (Bankr. E.D.N.Y. 2012).published In re Colsen, 446 F.3d 836, 839 (8th Cir. 2006); In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); In re Moroney, 352 F.3d 902, 905 (4th Cir.2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000); In re Hindenlang, 164 F.3d 1029, 1033-3…
- Linda McCoy v. Mississippi State Tax Cmsn, No. 11-60146 (5th Cir. Jan. 25, 2012).publishedSee In re Payne, 431 F.3d 1055, 1057 (7th Cir. 2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir. 2003); United States v. Hatton (In re Hatton), 220 F.3d 1057 , 1060–61 (9th Cir. 2000).
- Linda McCoy v. Mississippi State Tax Cmsn, 666 F.3d 924 (5th Cir. 2012).publishedSee In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir.2000).
- State of Maryland v. Ciotti, No. 10-1083 (4th Cir. Mar. 11, 2011).publishedMoroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir. 2003).
- State of Maryland v. Ciotti, 638 F.3d 276 (4th Cir. 2011).publishedMoroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003).
- Maryland, Comptroller of Maryland v. Ciotti, 421 B.R. 202 (D. Md. 2009).publishedMoroney v. IRS (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003) (citing United States v. Hindenlang (In re Hindenlang), 164 F.3d 1029, 1033 (6th Cir.1999)); Beard v. Commissioner, 82 T.C. 766 , 1984 WL 15573 (1984), aff'd 793 F.2d 139 (6t…
- United States v. Parker, 272 F. App'x 289 (4th Cir. 2008).unpublishedWe have previously held that in order for a document to be considered a tax "return," it must "(1) purport to be a return; (2) be executed under penalty of perjury; (3) contain sufficient data to allow calculation of tax; and (4) represent…
- In Re Izzo, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
- Izzo v. United States, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
- United States v. Payne, John H., 335 B.R. 1055 (7th Cir. 2005).published “Genuine” is vague, however, and later cases sensibly substitute “reasonable.” In re Moroney, 352 F.3d 902, 905 (4th Cir. 2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir. 2000); In re Hindenlang, 164 F.3d 1029, 1033 (6th Cir. 1999); B…
- Colsen v. United States (In Re Colsen), 322 B.R. 118 (8th Cir. BAP 2005).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 907 (4th Cir.2003), the Fourth Circuit Court of Appeals determined that a taxpayer’s 1040 Forms filed at least four years after originally due and more than two years after the Int…
- Colsen v. United States (In Re Colsen), 311 B.R. 765 (Bankr. D. Iowa 2004).published Moroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir.2003); In re Hindenlang, 164 F.3d at 1033 ; In re Walsh, 260 B.R. at 148 .
- In Re Stokes, 320 B.R. 821 (Bankr. D. Md. 2004).published See Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003).
- Carroll v. United States (In Re Carroll), 310 B.R. 621 (Bankr. D. Minn. 2004).publishedSee Moroney v. U.S. (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003); U.S. v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir.2000); U.S. v. Hindenlang (In re Hindenlang), 164 F.3d 1029, 1033-34 (6th Cir.1999).
- United States v. Payne (In re Payne), 331 B.R. 358 (N.D. Ill. 2005).published
At page 906 Evaluating timeliness and honesty of tax compliance25 citing casescitations omitted
- Perry v. United States, 500 B.R. 796 (M.D. Ala. 2013).published ([T]o belatedly accept responsibility for one’s tax liabilities, only when the IRS has left one with no other choice, is hardly how honest and reasonable tax payers attempt to comply with the tax code.)
- In Re: Starling, No. 7:20-cv-07478 (S.D.N.Y. Sept. 16, 2021).In the context of a late-filed Form 1040, these courts held that such a form did not constitute a return, because “when the debtor has failed to respond to . . . deficiency letters sent by the IRS, and the government has assessed the defic…
- Linda Trenett McCoy, No. 07-02998 (Bankr. S.D. Miss. Feb. 3, 2020).See In re Payne, 431 F.3d 1055, 1057 (7th Cir. 2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir. 2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir. 2000); United States v. Hindenlang…
- Linda Hays McCoy, No. 18-01569 (Bankr. S.D. Miss. Feb. 3, 2020).See In re Payne, 431 F.3d 1055, 1057 (7th Cir. 2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir. 2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir. 2000); United States v. Hindenlang…
- McCoy v. Mississippi Dep't of Revenue, No. 19-00019 (Bankr. S.D. Miss. Feb. 3, 2020).See In re Payne, 431 F.3d 1055, 1057 (7th Cir. 2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir. 2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir. 2000); United States v. Hindenlang…
- Giacchi v. United States of Am. Dep't of the Treasury Internal Revenue Serv., 856 F.3d 244 (3d Cir. 2017).published In re Moroney, 352 F.3d 902, 905-06 (4th Cir. 2003). 14 .
- Just. v. United States, Treasury Dep't, 817 F.3d 738 (11th Cir. 2016).published (holding that “a debtor’s delinquency is relevant to determining whether the debtor has filed a return,” and holding that failing to file until after IRS assessment undermines the self-reporting, self-assessment essence…)
- Fahey v. Massachusetts Dep't of Revenue, 779 F.3d 1 (1st Cir. 2015).published See In re Payne, 431 F.3d at 1057-59 (expressing concern that a chronically delinquent taxpayer was making belated filings to “set the stage” for a discharge in bankruptcy); In re Moroney, 352 F.3d at 905-06 (same); In re Hatton, 220 F.3d…
- Coyle v. United States (In re Coyle), 524 B.R. 863 (Bankr. S.D. Florida 2015).publishedAgain citing to Moroney: Simply put, to belatedly accept responsibility for one’s tax liabilities, only when the IRS has left one with no other choice, is hardly how honest and reasonable taxpayers attempt to comply with the tax code. 352…
- Mallo v. Internal Revenue Serv. (In Re Mallo), 774 F.3d 1313 (10th Cir. 2014).publishedSee In re Payne, 431 F.3d 1055, 1058 (7th Cir.2005); In re Moroney, 352 F.3d 902, 906 (4th Cir.2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000); In re Hindenlang, 164 F.3d 1029, 1034 (6th Cir.1999).
Show 15 more citing cases
- Briggs v. United States (In re Briggs), 511 B.R. 707 (Bankr. N.D. Ga. 2014).published See In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); Moroney v. United States (In re Moroney), 352 F.3d 902, 905 (4th Cir.2003); United States v. Hatton (In re Hatton), 220 F.3d 1057, 1060-61 (9th Cir.2000).
- Internal Revenue Serv. v. Smith (In re Smith), 527 B.R. 14 (N.D. Cal. 2014).published The Fourth and Seventh Circuits joined the Sixth Circuit in finding a post-assessment Form 1040 not to be an “honest and reasonable attempt to satisfy the requirements of the tax law.” Id. (citing In re Hindenlang, 164 F.3d 1029, 1034-35 (…
- Martin v. United States (In re Martin), 500 B.R. 1 (D. Colo. 2013).publishedIn re Martin, supra, 482 B.R. at 640 (citing In re Hindenlang, 164 F.3d 1029, 1034-35 (6th Cir.1999); In re Moroney, 352 F.3d 902, 906 (4th Cir.2003); and In re Payne, 431 F.3d 1055, 1059-60 (7th Cir.2005)).
- Mallo v. United States (In re Mallo), 498 B.R. 268 (D. Colo. 2013).published That test — known as the “Beard test” — is whether the filings: “1) purported to be returns; 2) were executed under penalty of perjury; 3) contained sufficient data to allow computation of tax; and 4) represented an honest and reasonable a…
- Wogoman v. Internal Revenue Serv. (In re Wogoman), 475 B.R. 239 (10th Cir. BAP 2012).publishedId. at 906 (citations omitted). .
- In Re: Gary Wayne Colsen, Debtor. Gary Wayne Colsen v. United States of Am., (Internal Revenue Serv.), 446 F.3d 836 (8th Cir. 2006).publishedMoroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir.2003).
- Gary Wayne Colsen v. United States, No. 05-2476 (8th Cir. May 4, 2006).publishedMoroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir. 2003).
- In Re Izzo, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
- Izzo v. United States, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
- Colsen v. United States (In Re Colsen), 311 B.R. 765 (Bankr. D. Iowa 2004).published Moroney v. United States (In re Moroney), 352 F.3d 902, 906 (4th Cir.2003); In re Hindenlang, 164 F.3d at 1033 ; In re Walsh, 260 B.R. at 148 .
- United States v. Klein, 312 B.R. 443 (S.D. Fla. 2004).published The Fourth Circuit rejected the Hindenlang per se rule, precluding any post-assessment filing from ever qualifying as a return, as going “too far.” In re Moroney, 352 F.3d 902, 907 (4th Cir.2003).
- In Re: John Salvador v. United States, No. 23-60008 (9th Cir. Mar. 1, 2024).unpublishedSee In re Moroney, 352 F.3d 902, 906 (4th Cir. 2003); In re Hindenlang, 164 F.3d 1029, 1034 (6th Cir. 1999); In re Payne, 431 F.3d 1055, 1057 (7th Cir. 2005).
- Martin v. United States (In re Martin), 482 B.R. 635 (Bankr.D. Colo. 2012).published(form filed after assessment does not serve the basic self-reporting purpose of tax return)
- Pendergast v. Massachusetts Dep't of Revenue, 510 B.R. 1 (1st Cir. BAP 2014).published In re Ryan, 504 B.R. 686, 700 (Bank.D.Mass. 2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
- Gonzalez v. Massachusetts Dep't of Revenue (In re Gonzalez), 506 B.R. 317 (1st Cir. BAP 2014).published See In re Ryan, 504 B.R. 686, 699 (Bankr.D.Mass.2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
At page 907 Distinguishing fraudulent returns from late filings under bankruptcy law12 citing cases“excludes from discharge taxes for which a return was filed both after its original due date and within two years of the filing of the debtor's bankruptcy petition.”
- Golden v. United States of Am. (Internal Revenue Serv., No. 21-02012 (Bankr. E.D. Cal. Apr. 27, 2022).publishedSee In re 5 Justice, 817 F.3d at 746; In re Payne, 431 F.3d 1055, 1057-60 (7th Cir. 2005); In re Moroney, 352 F.3d 902, 907 (4th Cir. 2003); In re Hindenlang, 164 F.3d 1029 , 6 1034-35 (6th Cir. 1999).
- United States v. Eaton, No. 2:17-cv-01220 (S.D.W. Va May 28, 2020). This exception “is designed to police debtors’ bad faith conduct.” In re Moroney, 352 F.3d 902, 907 (4th Cir. 2003).
- United States v. Eaton, No. 2:17-cv-01220 (S.D.W. Va Apr. 17, 2020).This exception “is designed to police debtors’ bad faith conduct.” In re Moroney, 352 F.3d 902, 907 (4th Cir. 2003).
- Smith v. United States Internal Revenue Serv. (In Re Smith), 828 F.3d 1094 (9th Cir. 2016).publishedSee In re Justice, 817 F.3d at 746 ; In re Payne, 431 F.3d 1055, 1057-60 (7th Cir. 2005); In re Moroney, 352 F.3d 902, 907 (4th Cir. 2003); In re Hindenlang, 164 F.3d 1029, 1034-35 (6th Cir. 1999).
- Mallo v. United States (In re Mallo), 498 B.R. 268 (D. Colo. 2013).published That test — known as the “Beard test” — is whether the filings: “1) purported to be returns; 2) were executed under penalty of perjury; 3) contained sufficient data to allow computation of tax; and 4) represented an honest and reasonable a…
- Rhodes v. United States (In re Rhodes), 498 B.R. 357 (Bankr. N.D. Ga. 2013).published In re Payne, 431 F.3d 1055 (7th Cir.2005); In re Moroney, 352 F.3d 902, 905 (4th Cir.2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000).
- Casano v. Internal Revenue Serv. (In re Casano), 473 B.R. 504 (Bankr. E.D.N.Y. 2012).published In re Colsen, 446 F.3d 836, 839 (8th Cir. 2006); In re Payne, 431 F.3d 1055, 1057 (7th Cir.2005); In re Moroney, 352 F.3d 902, 905 (4th Cir.2003); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000); In re Hindenlang, 164 F.3d 1029, 1033-3…
- In Re Moroney, 330 B.R. 527 (Bankr. E.D. Va. 2005).publishedMoroney v. United States (In re Moroney), 352 F.3d 902, 907 (4th Cir.2003).
- Colsen v. United States (In Re Colsen), 322 B.R. 118 (8th Cir. BAP 2005).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 907 (4th Cir.2003), the Fourth Circuit Court of Appeals determined that a taxpayer’s 1040 Forms filed at least four years after originally due and more than two years after the Int…
- United States v. Klein, 312 B.R. 443 (S.D. Fla. 2004).published The Fourth Circuit rejected the Hindenlang per se rule, precluding any post-assessment filing from ever qualifying as a return, as going “too far.” In re Moroney, 352 F.3d 902, 907 (4th Cir.2003).
Show 2 more citing cases
- Pendergast v. Massachusetts Dep't of Revenue, 510 B.R. 1 (1st Cir. BAP 2014).published In re Ryan, 504 B.R. 686, 700 (Bank.D.Mass. 2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
- Gonzalez v. Massachusetts Dep't of Revenue (In re Gonzalez), 506 B.R. 317 (1st Cir. BAP 2014).published See In re Ryan, 504 B.R. 686, 699 (Bankr.D.Mass.2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
At page 904 In general, a debtor filing for relief under Chapter 7 of the Bankruptcy Code is discharged from all pre-petition debt, subject to the exceptions enumerated in Section 523.3 citing cases
- In Re Means, 454 B.R. 636 (Bankr. D.S.C. 2011).published(In general, a debtor filing for relief under Chapter 7 of the Bankruptcy Code is discharged from all pre-petition debt, subject to the exceptions enumerated in Section 523.)
- Pendergast v. Massachusetts Dep't of Revenue, 510 B.R. 1 (1st Cir. BAP 2014).published In re Ryan, 504 B.R. 686, 700 (Bank.D.Mass. 2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
- Gonzalez v. Massachusetts Dep't of Revenue (In re Gonzalez), 506 B.R. 317 (1st Cir. BAP 2014).published See In re Ryan, 504 B.R. 686, 699 (Bankr.D.Mass.2013) (citation omitted); see also Moroney v. United States (In re Moroney), 352 F.3d 902, 904 (4th Cir.2003).
At page 903 cited at this page2 citing cases
- In Re Izzo, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
- Izzo v. United States, 340 B.R. 586 (E.D. Mich. 2006).published In Moroney v. United States (In re Moroney), 352 F.3d 902, 903-04 (4th Cir.2003), as here, debtor Michael J.
Other citing cases
- Payne v. United States (In Re Payne), 306 B.R. 230 (Bankr. N.D. Ill. 2004).published
- Coulton v. Comm'r, 90 T.C.M. 154 (Tax Ct. 2005).unpublished
v.
United States of America; Internal Revenue Service, Defendants-Appellees
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Judge PAYNE joined.
OPINION
WILKINSON, Circuit Judge.The question in this case is whether delinquent personal income tax filings, submitted years after the Internal Revenue Service has already prepared its own assessments, constitute “returns” for purposes of the Bankruptcy Code. A debtor in bankruptcy is permitted to discharge personal income tax liabilities, but only if he has filed a return with the IRS reporting those tax liabilities. In the present case, because the debtor’s eventual submissions were neither honest nor reasonable attempts to comply with the tax laws, both the bankruptcy and district courts found that no returns had ever been filed. We affirm that judgment.
I.
The basic facts in this case are not in dispute. Debtor Michael J. Moroney did not submit timely personal income tax filings for either the 1990 or 1992 tax years. Moroney never offered any evidence to the bankruptcy or district courts to explain his late filing. When asked before the district court, Moroney’s attorney said that Moro-[*904] ney “just didn’t get around to filing his tax returns,” because he had been “extremely busy” with his job. Filing tax statements “was just something that got pushed to the back burner.”
As a result of Moroney’s failure to file, in 1994 the IRS began to examine Moro-ney’s income tax liabilities. The IRS then independently prepared “Substitutes for Returns” (“SFRs”) to determine the amounts that Moroney owed for the 1990 and 1992 tax years. On the basis of the SFRs, the IRS assessed taxes against Mo-roney of $23,197.00 for the 1990 tax year and $45,567.00 for the 1992 tax year.
At some point thereafter, Moroney submitted income tax statements for 1990 and 1992. The IRS contends that Moroney did not file his forms until November 1998. Moroney, however, points to communications between his accountants and the IRS that indicate the forms were filed two years earlier in November 1996. Regardless, Moroney concedes that his forms postdated by at least two years the SFRs prepared by the IRS, and that his forms postdated the original filing deadlines by at least four and six years, respectively. Because Moroney’s forms reported tax liabilities that were less than the IRS’s assessments, the IRS lowered Moroney’s unpaid assessments. Specifically, the IRS abated $8,330 of the 1990 tax year assessment and $14,980 of the 1992 tax year assessment.
On March 23, 2000, Moroney filed a voluntary petition for Chapter 7 bankruptcy in the United States Bankruptcy Court for the Eastern District of Virginia. Moroney listed his 1990 and 1992 tax liabilities as nonpriority claims, subject to discharge in a Chapter 7 proceeding. However, the IRS notified Moroney that, given his delinquency in filing for those years, it did not consider his tax liabilities subject to discharge. The IRS and Moro-ney filed cross-motions for summary judgment before the bankruptcy court, seeking a determination of whether Moroney’s tax liabilities were excepted from discharge under Section 523 of the Bankruptcy Code. The bankruptcy court held that Moroney had not filed a “return” within the meaning of Section 523 and therefore that Moroney’s tax liabilities were not dischargeable in bankruptcy. On appeal, the United States District Court for the Eastern District of Virginia affirmed the bankruptcy court’s grant of summary judgment. Moroney now challenges the decisions of the bankruptcy and district courts.
II.
In general, a debtor filing for relief under Chapter 7 of the Bankruptcy Code is discharged from all pre-petition debt, subject to the exceptions enumerated in Section 523. In relevant part, Section 523 provides:
(a) A discharge under section 727 ... does not discharge an individual debtor from any debt—
(1) for a tax or a customs duty— ❖ 4? *
(B) with respect to which a return, if required—
(i) was not filed; or
(ii) was filed after the date on which such return was last due ... and after two years before the date of the filing of the petition; or
(C) with respect to which the debt- or made a fraudulent return or willfully attempted in any manner to evade or defeat such tax.
11 U.S.C. § 523 (2000). The exception at issue here, set forth in Section 523(a)(l)(B)(i), excludes from discharge taxes “with respect to which a return, if required[,]” “was not filed.” [1] The ques[*905] tion is whether Moroney’s late-filed forms constitute returns, thus rendering his tax liabilities dischargeable.
A.
Neither the Bankruptcy Code nor the Internal Revenue Code defines the term “return.” The Internal Revenue Code generally requires that those owing taxes “make a return or statement” on the necessary forms, without specifying how timely the forms must be in order to qualify as returns. 26 U.S.C. § 6011(a) (2000). However, our sister circuits have uniformly held that in order for a document to be considered a “return,” under either the bankruptcy or the tax laws, it must (1) purport to be a return; (2) be executed under penalty of perjury; (3) contain sufficient data to allow calculation of tax; and (4) represent an honest and reasonable attempt to satisfy the requirements of the tax laws. See, e.g., In re Hindenlang, 164 F.3d 1029, 1033 (6th Cir.1999) (citing Beard v. Commissioner, 82 T.C. 766, 1984 WL 15573 (1984), aff'd, 793 F.2d 139 (6th Cir.1986)); In re Hatton, 220 F.3d 1057, 1060-61 (9th Cir.2000) (citing Hindenlang and Beard).
Moroney and the IRS agree that Moro-ney’s late-filed statements purported to be returns; that they were executed under penalty of perjury; and that they contained sufficient data to permit calculation of Moroney’s taxes, although of course the IRS had already determined Moroney’s taxes using SFRs. Moroney and the IRS’s disagreement concerns whether Moroney’s statements were honest and reasonable attempts to satisfy the filing requirement imposed by the bankruptcy and tax laws.
More fundamentally, they disagree about the relevant time frame in which to assess the honesty and reasonableness of Moroney’s belated statements. Moroney contends that his purported returns satisfy the filing requirement, because — at the time they were filed — they were accurate on their face and intended to comply with the tax laws. Moroney notes that some courts in determining good faith have focused on the debtor’s intent at the time the returns are filed, rather than on the debtor’s intent during the delay prior to filing. See, e.g., In re Nunez, 232 B.R. 778, 783 (B.A.P. 9th Cir.1999); [2] In re Crawley, 244 B.R. 121, 128 (Bankr.N.D.Ill.2000).
The IRS, however, rejoins that most courts have not ignored a debtor’s delinquency in filing, especially where the IRS’s interim preparation of a SFR renders the debtor’s filing unnecessary. According to these courts, forms filed after an involuntary assessment do not serve the purposes of the tax system, and thus rarely, if ever, qualify as honest and reasonable attempts to comply with the tax laws. See, e.g., Hindenlang, 164 F.3d at 1034; In re Sgarlat, 271 B.R. 688, 696 (Bankr.M.D.Fla.2001); In re Hetzler, 262 B.R. 47, 54 (Bankr.D.N.J.2001); In re Walsh, 260 B.R. 142, 151 (Bankr.D.Minn.2001); In re Pierchoski, 243 B.R. 267, 271 (W.D.Pa.1999);[*906] In re Prince, 240 B.R. 261, 263-64 (Bankr.N.D.Ohio 1999).
We agree with the weight of authority that a debtor’s delinquency is relevant to determining whether the debtor has filed a return. The very essence of our system of taxation lies in the self-reporting and self-assessment of one’s tax liabilities. See Commissioner v. Lane-Wells Co., 321 U.S. 219, 223, 64 S.Ct. 511, 88 L.Ed. 684 (1944). Timely filed federal income tax returns are the mainstay of that system. A reporting form filed after the IRS has completed the burdensome process of assessment without any assistance from the taxpayer does not serve the basic purpose of tax returns: to self-report to the IRS sufficient information that the returns may be readily processed and verified. See id.; United States v. Boyle, 469 U.S. 241, 249, 105 S.Ct. 687, 83 L.Ed.2d 622 (1985). Simply put, to belatedly accept responsibility for one’s tax liabilities, only when the IRS has left one with no other choice, is hardly how honest and reasonable taxpayers attempt to comply with the tax code. See Hatton, 220 F.3d at 1061.
Here, there is no question that Moroney failed to file timely returns, and that as a result of his failure, the IRS had to assume the onerous task of estimating Moroney’s taxes without his assistance. Moroney did not explain to the bankruptcy or district courts why his eventual filings were anything other than self-serving attempts to reduce his tax liabilities. And he never attempted to explain why his statements, which were submitted at least four to six years after the original deadlines, should be considered honest and reasonable attempts at compliance with the tax laws. To consider Moroney’s statements “returns” would thus be to render that word a ghost of its true self. In fact, by Moroney’s own admission, he simply did not “get around to filing his tax returns.” As the district court correctly observed, such nonchalance falls well short of satisfying the statutory standard.
B.
However, Moroney argues that his late-filed statements, despite their extreme delinquency, functioned no differently from timely filed tax returns. His statements, like timely filed returns, self-reported his tax liabilities. And although the IRS had prepared SFRs before Moroney filed, Mo-roney contends that his statements still were not purposelessly duplicative. Rather, because his statements showed lesser liabilities than the IRS had estimated, the IRS abated portions of its prior assessments. In Moroney’s view, his statements must be considered honest and reasonable attempts to comply with the tax laws— after all, the IRS credited them enough to reduce his assessments.
Moroney’s argument, however, misses the point. The relevant inquiry is whether Moroney made an honest and reasonable effort to comply with the tax laws, and not whether Moroney’s eventual effort had some effect on his tax liability. Under Moroney’s approach, the availability of discharge would turn on the IRS’s accuracy in assessing taxes, rather than on Moro-ney’s sincerity and diligence in complying with the tax code. In effect, Moroney failed to provide the IRS with the very information it needed to accurately assess his taxes, and now he seeks to benefit from the IRS’s resulting imprecision (which was hardly surprising, given Moroney’s lack of assistance). Moroney’s approach would only discourage the IRS from abating debtors’ tax liabilities — especially when any adjustment, no matter how small, would lead to a discharge of the entire tax liability, no matter how large.
[*907] C.
Moroney also argues that any inquiry into his honesty and reasonableness in filing late should occur not under Section 523(a)(l)(B)(i), which excepts from discharge taxes for which returns were never filed; but instead under Section 523(a)(1)(C), which excepts from discharge taxes “with respect to which the debtor has made a fraudulent return or willfully attempted in any manner to evade or defeat such tax.” In Moroney’s view, Section 523(a)(l)(B)(i) requires only that a statement be filed. To the extent that the statement is inaccurate, incomplete or untimely, that is the purview solely of Section 523(a)(1)(C). In other words, Section 523(a)(1)(C) alone is designed to police debtors’ bad faith conduct. Accord Nunez, 232 B.R. at 783.
Moroney is wrong to conclude that the Bankruptcy Code implicitly condones any conduct that does not rise to the level of outright fraud or evasion. A “return” is not reasonably understood to mean any tax form — whatever its defects — submitted to the IRS, but rather a form that in good faith reports required information like income, deductions, exemptions, and taxes due. Delinquency, no less than fraud or willful evasion, can result in tax forms not naturally thought of as returns.
Section 523(a)(l)(B)(i)’s filing requirement governs debtors precisely like Moro-ney: debtors whose inaction or inaccuracy, even if not sufficiently malodorous to be deemed fraudulent or evasive, disqualifies them from the fresh start that bankruptcy provides. The Bankruptcy Code allows honest debtors to discharge the taxes they cannot pay. It does not permit them to discharge the obligation owed by all taxpayers, whatever their financial condition, to file timely returns. Debtors like Moro-ney cannot seek the safe haven of bankruptcy by failing to file tax returns, waiting to see if the IRS assesses taxes on its own, and then submitting statements long after the IRS has been put to its costly proof. See Walsh, 260 B.R. at 149.
III.
We hold then that income tax forms unjustifiably filed years late, where the IRS has already prepared substitute returns and assessed taxes, do not constitute “returns” for purposes of 11 U.S.C. § 523(a)(1)(B)®. For its part, the government urges a broader rule than we adopt here, namely, that any post-assessment filing can never qualify as a return for purposes of Section 523(a)(1)(B)®. This simply goes too far. Circumstances not presented in this case might demonstrate that the debtor, despite his delinquency, had attempted in good faith to comply with the tax laws. See Rushing, 273 B.R. at 227; Hetzler, 262 B.R. at 54. For instance, a post-assessment filing might actually increase a taxpayer’s liabilities. See Hindenlang, 164 F.3d at 1034 n. 5. Of course, the taxpayer would still have to demonstrate that his filing was an honest and reasonable attempt at self-assessment, rather than merely an effort to increase his odds of discharging his taxes in bankruptcy.
Here we face only a debtor who was apparently too busy, for no less than six years, to file returns, and whose ultimate filing was merely an attempt to lessen the liability that he never wanted to assume. Under these circumstances, we cannot hold that Moroney filed a return in any meaningful sense of that word. We thus affirm the judgment of the district court.
AFFIRMED
. Section 523(a)(l)(B)(ii) excludes from discharge taxes for which a return was filed both[*905] after its original due date and within two years of the filing of the debtor's bankruptcy petition. Because we hold that Moroney never filed a "return” for purposes of Section 523(a)(l)(B)(i), the disputed date of his filing for purposes of Section 523(a)(l)(B)(ii) is unimportant.
. Although Moroney relies heavily on Nunez, it is not clear that Nunez remains controlling. The Bankruptcy Appellate Panel's decision in Nunez relied heavily on its prior decision in In re Hatton, 216 B.R. 278 (B.A.P. 9th Cir.1997), which was later reversed by the Ninth Circuit. See In re Hatton, 220 F.3d 1057, 1061 (9th Cir.2000). Whether the Ninth Circuit implicitly overruled Nunez in Hatton is uncertain. Contrast In re Hetzler, 262 B.R. 47, 53 (Bankr.D.N.J.2001), with In re Rushing, 273 B.R. 223, 227 (Bankr.D.Ariz.2001).