NEWSOME v. UNITED STATES

No. 27613.

431 F.2d 742 (1970)

J. A. NEWSOME, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied September 10, 1970.


Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., John O. Jones, Tax Division, Dept. of Justice, Fort Worth, Tex., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Jeanine Jacobs, Attys., Tax Div., Dept. of Justice, Washington, D. C., Carolyn R. Just, Atty., Dept. of Justice, Washington, D. C., for defendant-appellant.

Robert I. White, Robert L. Waters, Houston, Tex., for plaintiff-appellee; Chamberlain & Hrdlicka, Houston, Tex., of counsel.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied September 10, 1970.

RIVES, Circuit Judge:

Newsome instituted this action against the United States for recovery of his partial payment of a penalty assessed against him under section 6672 of the Internal Revenue Code of 1954.1 The assessments were against Newsome, as the responsible officer of New Wolf Construction Company (New Wolf), for willfully failing to account for and pay over...

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