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BARNETT v. U.S.

No. 76-2286.

594 F.2d 219 (1979)

Richard H. BARNETT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 29, 1979.

Attorney(s) appearing for the Case

Jerome B. Falk, Jr. (argued), San Francisco, Cal., for plaintiff-appellant.

Michael J. Roach (argued), of Dept. of Justice, Washington, D. C., for defendant-appellee.

Before CARTER and WALLACE, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge.

Appellant, Richard Barnett, brought this action to recover a tax penalty of $144.20. The penalty is equal to income taxes and Federal Insurance Contributions Act taxes which the Rancho Linda School withheld from one employee's wages but did not pay to the government. The government filed a counterclaim for unpaid penalties of $24,459.29, because of unpaid taxes withheld from the wages of other employees. The District Court dismissed Barnett...

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