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UNITED STATES v. McMAHAN

No. 75-3915.

556 F.2d 362 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Henry L. McMAHAN et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted October 17, 1977.

Attorney(s) appearing for the Case

Fred L. Somers, Jr., John W. Gibson, Atlanta, Ga., for defendants-appellants.

John W. Stokes, U. S. Atty., Wm. A. Mallard, Jr., Asst. U. S. Atty., Atlanta, Ga., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Crombie J. D. Garrett, William S. Estabrook, III, Gilbert Andrews, Act. Chief Appellate Sec., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, MORGAN and HILL, Circuit Judges.

Rehearing En Banc Granted October 17, 1977.

TUTTLE, Circuit Judge:

This is an appeal from a judgment of the district court finding that McMahan was a responsible officer of a corporation which failed to pay over withholding taxes and setting aside a conveyance by McMahan to his wife of their homeplace and foreclosing the Government's tax lien against the real property.

The issues are two in number, one legal and one factual.

(1) Was McMahan...

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