MURPHY v. UNITED STATES INTERNAL REVENUE SERVICE

No. 74-4143.

533 F.2d 941 (1976)

In the Matter of Jimmy Frank Murphy, Bankrupt. Jimmy Frank MURPHY, Appellant, v. UNITED STATES of America INTERNAL REVENUE SERVICE, Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1976.


Attorney(s) appearing for the Case

Hobdy G. Rains, Gadsden, Ala., for appellant.

Wayman G. Sherrer, U.S. Atty., Charles D. Stewart, Asst. U.S. Atty., Birmingham, Ala., Gilbert E. Andrews, Scott P. Crampton, Asst. Atty. Gen., Crombie J. D. Garrett, Karl Schmeidler, Tax Div., Dept. of Justice, Applte. Sec., Washington, D.C., for appellee.

Before AINSWORTH, MORGAN and RONEY, Circuit Judges.


PER CURIAM:

In this case the district court reversed a bankruptcy judge's determination that a 100 percent penalty tax for withholding and F.I.C.A. taxes assessed against a responsible corporate officer, 26 U.S.C.A. § 6672 was a dischargeable debt, the collection of which was barred by the discharge granted to the officer in his personal bankruptcy proceeding. Having been adjudicated a bankrupt and released from all his dischargeable debts, the bankrupt filed...

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