KIZZIER v. UNITED STATES

Nos. 78-1827, 78-1713.

598 F.2d 1128 (1979)

Richard G. KIZZIER, Appellant, v. UNITED STATES of America, Appellee. Richard G. KIZZIER, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1979.


Attorney(s) appearing for the Case

Kenneth C. Fritzler, II, of Ross, Schroeder & Fritzler, Kearney, Neb., for Kizzier.

Karl P. Fryzel, Atty., Tax Div., Dept. of Justice, Washington, D.C., for United States; M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Richard W. Perkins, Washington, D.C., Attys. and Edward G. Warin, U.S. Atty., Omaha, Neb., on brief.

Before LAY, HEANEY and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

Richard Kizzier, the appellant, filed a refund suit in district court for the recovery of $68,499.02, plus interest, the amount he paid to satisfy a penalty assessed by the Internal Revenue Service (IRS) pursuant to 26 U.S.C. § 6672 (1976). The IRS penalized Kizzier for his willful failure to pay over withheld federal income and social security (employment) taxes of Titan Corporation (Titan) employees to the Government for the last quarter...

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