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CALDERONE v. UNITED STATES

No. 85-1493.

799 F.2d 254 (1986)

Anthony A. CALDERONE, Clark Hornbaker, Plaintiffs-Counterclaim Defendants-Appellees, v. UNITED STATES of America, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 2, 1986.

Attorney(s) appearing for the Case

Joel M. Shere, L. Michael Wicks, Detroit, Mich., David S. Grossman, Tax Div., U.S. Dept. of Justice, Washington, D.C., Michael L. Paup (Lead Counsel), Glenn L. Archer, Jr., Wynette J. Hewett, Martha B. Brissette argued, for defendant-counter-claimant-appellant.

Walter J. Murray argued, Theresa M. Carbott, Southfield, Mich., John C. Augustine argued, Austin, Tex., for plaintiffs-counterclaim defendants-appellees.

Before: LIVELY, Chief Judge; MILBURN, Circuit Judge; and PECK, Senior Circuit Judge.

MILBURN, Circuit Judge.

Defendant/Counterclaimant United States of America appeals from the district court's grant of summary judgment in favor of plaintiffs Anthony Calderone and Clark Hornbaker in this action involving Internal Revenue Service assessments under I.R.C. § 6672(a)1 against plaintiffs for social security taxes withheld from wages paid to corporate employees of Calderone-Curran Ranches, Inc. for the six-month period...

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