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UNITED STATES v. COCONUT GROVE BANK

No. 75-2411.

545 F.2d 502 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. COCONUT GROVE BANK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1977.

Attorney(s) appearing for the Case

Robert E. Falb, Washington, D.C., George L. Knight, Miami, Fla., for defendant-appellant.

Robert W. Rust, U.S. Atty., Miami, Fla., Scott P. Crampton, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Gilbert E. Andrews, Act. Chief, Appellate Sec., Elmer J. Kelsey, Daniel F. Ross, George G. Wolf, Attys., Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The United States brought this suit under Section 3505(b) of the Internal Revenue Code of 1954 ("the Code") to collect from the appellant, Coconut Grove Bank ("the Bank"), $65,421.76 in employment taxes which one of its borrowers, R. D. Monroe Construction Co., Inc. ("Monroe"), collected but failed to pay or deposit on behalf of its employees. The case was tried before a jury, which rendered a special verdict concluding as follows: (1...

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