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McCULLOUGH v. UNITED STATES

No. 72-1104.

462 F.2d 588 (1972)

R. F. McCULLOUGH, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 14, 1972.

Attorney(s) appearing for the Case

Charles D. Stewart, Asst. U. S. Atty., Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Fleming T. deGraffenried, Atty., Tax Div., Dept. of Justice, Dallas, Tex., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Jane M. Edmisten, Bennet N. Hollander, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

John E. Grenier, Robert McD. Smith, Birmingham, Ala., for plaintiff-appellee.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

This is the second appearance of this case in this court. The first appeal was from a directed verdict in favor of the taxpayer in a suit for refund filed by him to recover what amounted to $165,318.20 of unpaid and withheld employees' withholding and F.I.C.A. taxes of McCullough Industries for the periods ending December 31, 1963, March 31, 1964 and June 30, 1964. The government had assessed the taxes by applying a penalty equal to the amount of taxes...

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