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IN RE MITCHELL

No. 10-10596.

633 F.3d 1319 (2011)

In re: Larry C. MITCHELL, Debtor. United States of America, Defendant-Appellant, v. Larry C. Mitchell, a.k.a. Larry Carl Hazen Mitchell, Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 24, 2011.

Attorney(s) appearing for the Case

Kathleen E. Lyon , Atty. Gen., Bruce R. Ellisen , Benjamin L. Tompkins , U.S. Dept. of Justice, Tax Div., Washington, DC, for U.S.

Stephen G. Gunby , Grogan, Rumer & Gunby, Columbus, GA, for Mitchell.

Before WILSON and PRYOR, Circuit Judges, and BUCKLEW, District Judge.

BUCKLEW, District Judge:

The United States appeals from the district court's decision affirming an order of the bankruptcy court, in which the bankruptcy court determined that Larry C. Mitchell's ("Mitchell") federal income tax debt was dischargeable in bankruptcy.2 Because we conclude that the bankruptcy court clearly erred in its finding that Mitchell had not willfully attempted to evade or defeat his taxes within the meaning of 11 U...

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